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FJS Lawyers Adelaide

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We understand the unique and complex issues faced throughout separation, divorce and disputes involving children and property.   We are here to help.

 

Legal issues can be incredibly stressful, confusing and overwhelming.

 

We care about our clients and aim to reduce the stress associated with resolving your legal issues.  

 

We are friendly, professional, approachable and affordable.

 

We offer fixed fees for a range of services - including family law consent orders (children and property), divorce applications and binding financial agreements.  

 

Are “Pre-Nups” legal in Australia?

Yes – in Australia these are known as Binding Financial Agreements (BFAs).  These agreements provide how property will be dealt with in the event that the relationship breaks down.

To be legally binding and enforceable, BFAs need to meet strict legal requirements. Both parties need to obtain independent legal advice.  BFAs can provide for future variations such as the property division based on the number of children, the length of the marriage and the value of the asset pool.

BFAs are particularly beneficial where:

  • one or both parties have received an inheritance; 
  • one or both parties want to preserve and protect their assets for their children from previous relationships;
  • there is a significant disparity between the earning capacity of each party;
  • one party is entering the relationship with significant debts;
  • the parties want to avoid disputes over property if the relationship ends.

 

What do I need to do when I separate?

If you have not yet separated, it may be beneficial to obtain legal advice before you do.

There is no separation register or legal steps to take when you separate. 

 

Who is responsible for the joint mortgage after separation?

As far as the financial institution is concerned, each party is ‘jointly and severally’ liable for the joint mortgage.   That is, each party is responsible for the entire amount of the mortgage, not 50% each.

It is best to seek legal advice as soon as possible, as to which party should more appropriately be paying the mortgage, in light of your particular circumstances.

 

Is there a time limit to do my property settlement?

Yes there are time limits to agree upon property settlement or to make an application to the court. 

For married couples, the time limit is 12 months after your divorce becomes final.

For defacto couples, the time limit is 2 years from the date of separation. There are circumstances where the court may grant an extension of time, but the grounds are limited and you should not count on this being the case.

 

What if I can’t afford a lawyer?

We can offer different levels of services and representation, depending on your needs and financial situation.

  • Full Representation
  • Document Drafting
  • Advice / Guidance
  • Court Appearances

There are some instances where we may be able to offer repayment by instalments.