Family Law

Before you consider the questions set out in this section we recommend that you first read the introduction regarding family law claims under OUR EXPERTISE.

How long do I have to be separated from my spouse before I can apply for a divorce?

You must be separated from your spouse for at least 12 months before either spouse can apply for a divorce.

I have just left my spouse, can I apply for property settlement?

Yes. The law does not require spouses to be divorced in order for an Order for Property Settlement to be obtained. Once separation has occurred, either spouse can apply for an Order for Property Settlement.

It is important to know that an application for property settlement must be made within 12 months of the date of divorce for married couples, or 12 months from the date of separation for domestic partners.

I want to spend more time with my children, how do I go about this?

The amount of time each parent spends with their children is understandably a primary concern when a family unit breaks down.

When the Court is asked to consider this question, its paramount consideration is always what is in the best interests of the child. So, in order for us to provide you with proper advice about children’s matters, we will need to talk to you about your family circumstances.

How much will this cost me in legal fees?

At Paul Alvaro Lawyers we are always happy to discuss the issue of legal fees with you in an upfront manner. Following your initial appointment, you will be provided with a Terms of Engagement which will provide an estimate of legal fees for the services you have engaged us to provide.