Seraphus Solicitors

06/11/2023

Discover how a prenuptial agreement can safeguard your financial future and protect your individual assets in the event of a divorce.

In a world where love and financial security often go hand in hand, prenuptial agreements have become an increasingly popular tool for couples to protect

03/09/2023

When a couple gets divorced, assets need to be divided. Here are some common questions we get around property settlement:

Am I entitled to my de facto partner’s property?
Yes, you will complete what is called a “property settlement” to divide the assets of the de facto relationship between the separating couple.

What is a “Property Settlement” for divorce or de facto separation?
A “property settlement” is a special type of proceeding to divide the assets between a divorcing or de facto couple who have separated.

How do I find out what I am entitled to in a Property Settlement?
It is important that you receive everything you are entitled to under the law. To maximise what you receive the following process is undertaken with your solicitor to ascertain your entitlement whether you are divorcing, divorced or separated from your de facto partner:
1. Identify the assets and liabilities of the parties to the marriage or the de facto relationship.
Identify all of the financial contributions made by the parties to the marriage or the de facto relationship (e.g. who paid for the renovations to the house?)
2. Identify all of the non-financial contributions made by the parties to the marriage or the de facto relationship (e.g. who drove the children to and from school?)
3. Identify the future needs of the parties after the separation or divorce (e.g. does one party need more money because s/he will have the children most of the time?)
4. Assess whether on balance the division is fair to both parties.

This is a complex process where we can help you. We ensure nothing is missed and that realistic and fair appraisals are obtained, if required, as well as using our 20 years of business expertise to make sure no assets are hidden and all assets are counted at their full value.

03/09/2023

Divorce is a challenging time for anyone involved. Here are a few questions we commonly get from clients:

How can I get a divorce?
You need to apply to the Federal Circuit and Family Court for Divorce Orders.

To have the Court grant your divorce you must fulfill the following three criteria:
1. the parties have been separated for 12 months without any prospect of reconciliation; and
2. any children under the age of 18 will be adequately cared for.
It is possible to wait out the 12 month separation period whilst still living with your husband or wife, called “separation under one roof.” Consult the team at Seraphus Family Lawyers on how to do this.

My spouse doesn’t want a divorce, can I apply without his / her permission?
Yes, you may file for divorce:
- individually by a single application; or
- jointly by a joint application.
If filing individually you will need to serve divorce proceedings on your spouse. Seraphus Solicitors can help you with this, even if you don’t know where your spouse is living or have no contact with him or her.

03/09/2023

Meet Mills - the founder of Seraphus Solicitors.

He started out his career over twenty years ago in a large Family Law Practice. He then transitioned to Corporate and International Finance law, which took him overseas for over a decade. Since returning to Australia and after his own divorce, he has gone back to doing what he loved the most in his career, which is helping people through the difficulties of their relationship breakups as well as planning for their business and family asset succession and, if necessary, litigation.

Prior to founding Seraphus Solicitors in in 2021, Mills was a consultant in the Family Law practice of another large Brisbane firm, with four offices across the city, Gold Coast and Sunshine Coast. Since his return from Europe, Mills he has been steadily building his reputation in the Brisbane market as a tough but compassionate divorce lawyer, helping people with their separations and child custody issues.