Family lawyers.
If you’re experiencing separation, divorce, child custody issues or any type of family disputes, our team of caring, empathetic family lawyers based in Adelaide and regional SA are here to listen and support you with practical family law advice.
Family matters can be stressful at the best of times, let alone when the law is involved. Whether you’re entering into a de facto relationship, negotiating the financial separation and a divorce or dealing with child custody issues, seeking out efficient and empathetic family law advice is the best way to make sure you and your loved ones are looked after.
Need help dividing your assets, agreeing parenting arrangements after your separation or divorce, applying for spousal maintenance, or understanding your legal rights in a de facto relationship?
Our team of leading family lawyers in Adelaide and regional South Australia are experienced in navigating the complex and often emotional landscape of family law and will take every necessary step to protect your rights.
Talk to us our Family Lawyers about
Divorce
Looking for divorce advice in Adelaide? Our Family lawyers in Adelaide and regional South Australia can help. We can prepare, file and arrange the service of your divorce application as well as attend the court hearing with you.
Although a Certificate of Divorce marks the formal end to your marriage, it isn’t an application for property division, child support or spousal maintenance. These are separate issues.
It’s important to keep in mind that you only have 12 months from the date of your divorce to apply for property division. You’ll find more information on this here.
Dividing property after separation or a divorce
The way property is divided after a separation or divorce, has been established under the Family Law Act and case law. This includes superannuation, which is treated as property and is divided accordingly.
When it comes to the division of property, both partners’ assets are identified and valued before their contributions are evaluated (including financial, homemaking and parenting) and their future needs are assessed.
If an agreement is reached outside of court, we recommend that it’s formalised as a Consent Order of the Federal Circuit and Family Court of Australia.
If an agreement can’t be reached, married couples must apply for property settlement within 12 months of their divorce. De facto couples have 24 months from the date of their separation to apply for property settlement
The way property is divided after a separation or divorce has been established under the Family Law Act 1975 and case law. This includes superannuation which is divided as part of the settlement.
When it comes to the division of property, both parties assets are identified and valued before their contributions are evaluated (including financial, homemaking and parenting) and their future needs are assessed.
Our experienced Family lawyers in our offices in Adelaide, Salisbury and and regional South Australia can guide you through this process with clear advice and strong advocacy.
Spousal maintenance
If you can’t meet your reasonable expenses following a separation or divorce, you may be entitled to financial support from your former partner. This is called spousal maintenance and may be paid as a periodic amount or a lump sum.
Whether or not you’re entitled to spousal maintenance depends on your financial needs as well as your former partner’s capacity to pay.
Our separation lawyers and divorce lawyers in Adelaide and regional SA can help you apply for financial support following your divorce or the end of your de facto relationship.
Parenting arrangements after divorce or separation
When it comes to determining parenting arrangements after a divorce or separation, the law will always prioritise the child's best interests.
Our family lawyers in our offices across South Australia can provide empathetic advice about the law’s presumption that both parents have equal shared parental responsibility, as well as practical next steps regarding what this means for you.
Our lawyers can help you prepare for mediation and formalise care arrangements for your children through Parenting Plans and Consent Orders.
Financial agreements
Whether you’re entering or exiting a marriage or de facto relationship, our South Australian family lawyers can prepare prenuptial agreements, Consent Orders to be made by the court; binding financial agreements, and child support agreements on your behalf. We’re experienced in navigating the complex and often emotional landscape of family law and will take every step necessary to protect your rights.
Your legal rights in a de facto relationship
Our family lawyers in Adelaide and regional South Australia can provide practical advice about your legal rights in a defacto relationship.
A person in a de facto relationship (including in a same-sex relationship) who separated from their partner after 1 July 2010 is entitled to spousal maintenance and property division as set out in the Family Law Act 1975.
This also means that a de facto couple can enter into prenuptial agreements as well as binding financial agreements.
Mediation
Looking for assistance with mediation? Our family lawyers in Adelaide and regional South Australia can help you prepare for mediations of all kinds, including parenting arrangements, spousal maintenance and property division.
Meet the family law team
News & views from the family law team
Browse allGetting divorced in South Australia
The laws around divorce and family law can be a bit of a mystery. Our divorce lawyers have prepared some common important divorce questions to help you navigate getting divorced in South Australia.
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Parenting Arrangements Over the Holidays
Johnston Withers Family Lawyers have experience in creating Parenting Plans and Consent Orders as well as negotiating arrangements. We are also able to represent you in the Family Courts should that be necessary.