Do I need to engage a solicitor to get a divorce?

No, a divorce can be initiated by one or both parties to a marriage, and the party or parties making the Application for Divorce can find useful information (including a Divorce Kit) at www.fmc.gov.au online.

However, some people prefer to bring their divorce matter to a solicitor to handle, given that documents need to be served on the other party and there are a number of forms to be completed and filed with the Family Court. In special cases, an Affidavit is required to be filed, and clients often prefer to have such a document prepared and filed by their lawyer.

After separation, does the mother automatically receive custody of the children?

"Custody" is a somewhat outdated term which largely described the main residential arrangement for a child whose parents did not live together. The Courts are not gender-biased, and in the event of a dispute between the parents of a child as to with whom the child should live, there are many different factors which need to be taken into account. Often, factors such as the geographical proximity between the parents and the nature of their post-separation relationship will help determine the most appropriate residence for the child. Children sometimes share their time between their parents if this is practicable. The Courts consider a range of factors when making decisions about children, but their decisions are always based on achieving the best interests of the child.

I've been told that my partner will automatically receive 50% of everything in a divorce - is this true?

No. In the absence of agreement, the division of the matrimonial  property pool between separated parties is usually arrived at by consideration of several factors, being, among other things, the length of the relationship combined with the financial and non-financial contributions of the parties to the relationship, and whether or not one or other of the parties have unmatched future needs, perhaps relating to the raising of children,  a chronic illness, or an inability to gain well-paid employment. Justice and equity are considered when arriving at a decision about property division. Sometimes there is a wide difference between what each party receives in a matrimonial property settlement.

An experienced family lawyer can assess your likely entitlements and can help you achieve a just outcome, whether by informal negotiation, dispute mediation, or through the Family Court.

Must I go to Court to get a matrimonial property settlement?

Not necessarily. If, after separation, the parties are able to agree on terms by which their matrimonial property is divided and disbursed, then the making of legal binding documents called "Consent Orders" can be a way of dividing the couple's assets in a legal and binding way. Consent Orders, once signed by the parties and accompanied by an Application for Consent Orders, are filed in the Family Court, and, if approved, will be sealed by the Court, thus providing a template for implementation of the terms of the agreement between the parties, eg: selling the family home, dividing the proceeds, transferring ownership and title to vehicles or investments, and the like.   Neither party is required to attend at the Court for Consent Orders to be approved and sealed.

If you consult a family lawyer prior to signing Consent Order documents, you will be given legal advice as to whether or not the proposed agreement reflects your just entitlements.