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Practice area
Family law disputes
In matters concerning divorce, custody, maintenance and the division of matrimonial property, the parties' claims, available documents and the circumstances of any children are considered together. The necessary applications and evidence are determined by the particular features of the matter.
Services provided
- Drafting uncontested divorce protocols
- Contested divorce proceedings and claims for pecuniary and non-pecuniary damages
- Proceedings concerning custody, contact and variation of custody orders
- Proceedings concerning interim, child and spousal maintenance, and variation of maintenance
- Division of matrimonial property and claims to participation in acquired property
- Applications for protective measures against domestic violence
Common circumstances
We have agreed the terms of our divorce.
A protocol is prepared covering custody, maintenance and the division of assets. In an uncontested divorce, the judge hears the spouses in person.
My spouse does not agree to divorce.
In contested divorce proceedings, the grounds for divorce and allegations concerning fault are assessed; evidence and witnesses are identified before the claim is issued.
I want the custody order varied.
Changed circumstances and the best interests of the child are assessed. As part of its examination, the court may obtain a social assessment report.
Process
How a matter generally progresses
Divorce proceedings: Uncontested or contested
Initial assessment
Whether the divorce will proceed on an uncontested or contested basis is assessed alongside claims concerning custody, maintenance and the division of assets.
Protocol or petition
For an uncontested divorce, a protocol is prepared; for a contested divorce, a petition setting out the facts, claims and evidence is drafted.
Written submissions and evidence
In contested proceedings, the parties exchange written submissions and notify the court of the documents and witnesses on which they rely.
Hearing and examination
In an uncontested divorce, the judge hears the spouses in person. In contested proceedings, witnesses are heard and, where necessary, a social assessment report is obtained.
Judgment and finalisation
Following judgment, the available appeal process is assessed. Once final, the judgment is entered in the civil register.
These outlines show the general stages only. The competent authority, sequence of steps and available remedies in a particular matter depend on its facts.
Questions
Frequently asked questions
Must both spouses attend an uncontested divorce hearing?
Yes. As the judge must hear the spouses in person, both must attend the hearing.
Can maintenance be varied later?
Where the parties' financial circumstances change or fairness so requires, an increase, reduction or termination of maintenance may be sought.
Contact details
You may contact us by telephone, email or WhatsApp.
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