Parenting after any separation can have its challenges. Children can be deeply affected by separation and parents must first and foremost decide on important issues for their children relating to:

Based on our experience, early and informed decisions about these issues will create a healthy and cooperative parenting environment for children.

We understand that for many parents going through a separation, it can be an extremely difficult and unsettling time. At Martens Legal we guide parents through the above issues in an informed and considered manner.

We are able to offer our clients many different approaches depending on their situation and desired outcomes. Approaches will typically involve some form of negotiation such as Family Dispute Resolution Mediation to try to resolve any parenting issues in dispute. As a last resort and where parents simply cannot agree on an issue, it may be necessary for the parents to apply to Court.

In Australia, the majority of cases relating to child support are dealt with by parents directly through the Department of Human Services (DHS), without assistance from a lawyer. However, the child support formula under the DHS is not perfect.

There are other mechanisms available for parents that are more than often better suited to their individual needs. A popular child support tool used by parents is a Private Child Support Agreement. This Agreement can take into account expenses such as private school fees, healthcare and extra-curricular expenses that are not ordinarily dealt with through the DHS.

At Martens Legal we act for clients in cases relating to:

When applying for a divorce in Australia, the law does not consider the cause of the marriage breakdown. The only requirement is that it must be demonstrated that the marriage has broken down irretrievably. To do so, parties must satisfy the Court that they have separated and continued to live separately for a period of 12 months.

There are special requirements when applying to Court for a divorce if the marriage was less than 2 years or if there are children of the marriage under the age of 18.

Divorce is usually the last step in a family law matter and marks the legal end to a marriage. However, it does not deal with issues such as the division, transfer or sale of property (known as a Property Settlement), spousal maintenance, parenting or child support. These issues are dealt with separately.

Martens Legal has experience in assisting clients to resolve all issues surrounding a separation, including divorce.

Since March 2009 de facto separated couples have the right to a Property Settlement and Spousal Maintenance just like married couples.

A couple will be considered to be in a de facto relationship if:

A de facto relationship can therefore exist between the same sex or different sex, and can even include situations where one party is already legally married to someone else or is in another de facto relationship.

The Court will consider a number of factors to determine if people are in a de facto relationship or just dating, including:

At Martens Legal we have assisted many people in a de facto relationship to resolve all issues surrounding their separation.

After separation or divorce, a person may still have a responsibility to financially assist their former spouse (whether married or de facto), if that person cannot meet their own reasonable expenses from their personal income or assets.

The extent of the support to the former spouse will depend on what the other party can afford to pay.

The Court will consider the following when deciding a spousal maintenance case:

It is important to note that spousal maintenance is not child support. Child support is a separate payment and is paid for the benefit of children.

The right to the payment of spousal maintenance ends if:

At Martens Legal spousal maintenance is a common issue that is addressed as part of resolving all issues relating to a separation.

A Financial Agreement provides a way for people to protect their assets.

A Financial Agreement is a written legal document that sets out the division of a couple’s assets should they separate. The assets affected can include the assets owned by each individual at the start of the relationship, as well as any assets they acquire during their relationship.

It can also address the amount (if any) of spousal maintenance will be paid should the relationship end.

The types of situations that people can enter into a Financial Agreement includes:

These types of agreements must be prepared by a lawyer. This is because people entering into a Financial Agreement must comply with the strict requirements in order for it to be legal and binding.