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Lindbloms Lawyers | Separation and Divorce.

Jun 19, 2019 | Reading Time: 7 minutes

LINDBLOMS LAWYERS OFFER EXPERT LEGAL ADVICE AND REPRESENTATION FOR SEPARATION AND DIVORCE.

The breakdown of a relationship can be a stressful and emotional time.  It is especially challenging if you have no previous experience in family law.  Lindbloms Lawyers’ team of experienced family and divorce lawyers are here to help.  

Lindbloms Lawyers are committed to resolving their clients’ legal matters as painlessly and successfully as possible.  They aim to provide a highly personalised legal service, tailored to suit your needs, with ready availability, close attention to detail, and cost-effective management of your case.  

Their friendly, respectful and professional approach will guide you through this stressful time.  By providing the best possible legal advice, Lindbloms Lawyers ensure that you will be fully informed about legal ramifications before you make any decisions.

Where possible, Lindbloms Lawyers will attempt to achieve the best outcome for you, with the least expense, by reaching an agreement without litigation and court hearings.  

Lindbloms Lawyers has served the community of Adelaide since the 1990’s.  Conveniently located in Unley, only minutes from the Adelaide CBD, you can be assured that your team at Lindbloms will fight on your behalf for a fair outcome.  Offering both male and female solicitors, they pride themselves on their long-term, trusted relationships which begin with guaranteed confidentiality and privacy.  

We turned to Lindbloms Lawyers for answers to the most commonly asked questions regarding separation and divorce:

IN THE EVENT OF A SEPARATION, WHO PAYS THE MORTGAGE?

If your property is in joint names, that is both you and your partner are on the Title Deed, then you are both legally responsible for the payment of the mortgage.

If the mortgage repayments are not made and the mortgage is defaulted, then the lending institution can take possession of the property and sell it in order to discharge the debt.

Following separation, you will generally find yourself in one of the following predicaments:

  • You have moved out of the house that has the mortgage over it; or
  • You have remained living in the house that has a mortgage over it, whilst your partner has moved out.

If your partner decides not to make mortgage payments there are a number of options available to you:

  • Contact your lending institution and update them of your current situation. Whilst the lender will still require mortgage payments to be made, it is important to let them know so they are aware why payments have not been made.
  • You may find that the lender is prepared to accept a compromise agreement about the amount of repayments for a period of time, until final division of your property through the Family Court.
  • It is extremely important to be aware that any failure to meet your mortgage repayments could affect your credit rating and potentially impact on your ability to borrow money in the future.
  • You and your partner can agree to sell the property. This will ensure the mortgage is paid. The balance of the proceeds of the sale can be held in trust until you and your partner reach a final agreement.
  • In some circumstances, you may be able to obtain a Court Order for spousal maintenance to force your spouse to contribute to the ongoing mortgage repayments.

The lending institution is only interested in having the mortgage debt serviced, and where payments are in default, failing an alternate agreement, the property will be sold to discharge the debt.

Therefore it is important to keep making payments to the mortgage, as it may enhance your property entitlements in the Family Court – particularly if the repayments are seen as post separation contributions made by you. For example, if you have moved out and yet continue to pay the mortgage, this can be a beneficial consideration in your negotiations regarding a property settlement.

If you stop contributing, it could affect your credit rating and your ability to borrow money in the future.

During separation it is important to advise your mortgage lending institution about your current situation.

Lending institutions can often reach an agreement or compromise, particularly if one partner in the relationship has ceased to make mortgage contributions.

Find out more here.

IN THE EVENT OF A SEPARATION, SHOULD I RE-DO MY WILL?

Generally, you should update your will every five to seven years.  However, upon the breakdown of a relationship, it is a good idea to review your will as soon as possible.

Often, your spouse will be the main beneficiary under your will.  You may no longer want this to be the case upon separation.

Whilst the breakdown of a relationship may be a stressful time to update your will, it is a relatively simple way to ensure that your wishes will be respected in the event of your death.

Find out more here.

IN THE EVENT OF A SEPARATION, WHO DO THE CHILDREN LIVE WITH?

The court will make this decision based upon the best interests of the children, rather than what either parent wants.

The court may consider several factors when deciding, including:

  • The practices that have been in place up until, and following, the separation.
  • The living circumstances of the parties, including housing arrangements.
  • Whether there are siblings that the child or children should maintain a relationship with.

It is only in the most exceptional circumstances that the court would order that one parent is to have no relationship with the child or children.

Find out more here.


HOW LONG DOES A DIVORCE TAKE TO BE GRANTED?

The circumstances of each separation are unique.  This means that there is no one-size-fits-all answer to the question of how long your divorce will take to resolve.

One of the most significant factors to affect the length of a divorce process is whether the parties are amicable.

If the parties are amicable, an agreement can often be reached through negotiation.  The agreement is then documented in a consent order. This process can take as little as two to four weeks.   

If the parties are not amicable, then the process is going to longer as it likely to require court action.

If an agreement is not made whilst the matter is progressing through court, then a trial will be necessary.  Based upon current court schedules, it will probably take at least a year before a trial is reached.

Following a trial, it can take an additional year for a judge to release their decision.

Lindbloms Lawyers will look at the quickest way to expedite matters for you.  They encourage their clients to be reasonable and to understand that it is not always possible to have control over timeframes.

Find out more here.

OTHER FREQUENTLY ASKED QUESTIONS.

Can you keep your inheritance if you separate?

Find out here.

Should I leave the matrimonial home?

Find out here.

What happens to superannuation when a separation occurs?

Find out more here.

Lindbloms Lawyers will represent you when you need it most.  They will fight on your behalf for a fair outcome; upholding your rights with the utmost dedication.

To book your consultation or for more information, visit lindblomslawyers.com.au or phone 8357 7611.

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