SEPARATION & DIVORCE LAWYer
Family Law: Separation and Divorce Lawyer
The break-down of a marriage or de facto relationship is usually a traumatic time for the parties involved. In Australia, there is no obligation or ability for parties to register a separation under family law jurisdiction.
When parties separate, they are not required to live in separate homes. If the parties are experiencing financial hardship or are unable to find alternative accommodation, parties can still separate under the same roof as long as both parties are in agreement that the relationship has broken down irretrievably. However, if there is disagreement regarding the date of separation, the onus is on one (1) party to prove the date of separation.
Seeking legal representation such as divorce lawyer services following separation can ensure parties are aware of limitation periods and if applicable, the requirements for applying for a divorce.
At Brydens Lawyers, our family lawyers are the experts in all matters separation and family law related- whether in relation to child support, parenting arrangements, a binding financial agreement, or a divorce order. We are among the leading law firms in Sydney when it comes to Family Law.
WHY DO YOU NEED A FAMILY LAWYER FOR A DIVORCE?
Parties are at liberty to apply for a divorce solely or jointly without a solicitor; however, retaining a family lawyer will ensure the application for divorce is drafted in the correct form and that all necessary and supporting documentation is provided to the court, ensuring the Divorce Order is granted without unnecessary delay.
If the separating parties have a child or children, family lawyers will also ensure that the application clearly addresses this and they will provide evidence to the court that proper arrangements have been made for the care, welfare and development of the child or children.
WHAT WILL THE FAMILY LAWYER ORGANISE FOR YOU?
Family lawyers will obtain your instructions to prepare the application for divorce and file same with all the necessary and supporting documents- ensuring that the court is satisfied that it has jurisdiction to grant the divorce, that the marriage is proven and that the marriage has broken down irretrievably.
If the application is brought by one party only the family lawyer will organise for the other party to be served in accordance with the Court Rules, prepare Affidavits and attend the divorce hearing if required.
Family lawyers will also advise you if you are required to attend the hearing. Your attendance is required when there are minor children involved.
WHEN SHOULD YOU CONSULT A FAMILY LAWYER?
You can consult a family lawyer at any stage, whether it be prior to or after separation.
The time-frame to consult a family lawyer varies depending on the nature of your enquiry and whether your relationship was a de facto relationship or marriage.
For example, with de facto relationships, the limitation period to finalise property matters is twenty-four (24) months from the date of separation or twelve (12) months from the date the divorce becomes effective for parties who were married.
WHAT ARE THE COSTS INVOLVED?
The filing fee on the application for divorce is $900.00. However an application for a fee reduction can be made.
Our family law fees vary on a case by case basis and are dependent upon the instructions you provide to the family lawyer and the nature of the work to be undertaken.
To find out more, contact our office on 1800 848 848 to discuss your matter further.
The team of Family Lawyers at Brydens Lawyers are experts in all legal services pertaining to child support, parenting arrangements, divorce application, property settlement, spousal maintenance, binding financial agreements, parenting orders and the divorce process.
Our Family Lawyers have a wide range of experience dealing with the Federal Circuit Court for an array of family law matters, and are ready and willing to listen to your situation- contact our team today on 1800 848 848.
HOW LONG DO I HAVE TO WAIT BEFORE I CAN FILE A DIVORCE APPLICATION?
The parties to a marriage must have lived separately and apart for at least 12 months with no reasonable likelihood of resuming married life before an application for divorce can be filed. It is possible for the parties to live together in the same house and still be separated.
Our team of Family Lawyers are able to explain the family court system in detail to ensure that you are aware of the legal process involved.
WHY ARE BRYDENS LAWYERS THE RIGHT REPRESENTATION FOR YOU?
The Family Law team at Brydens Lawyers provide you with honest and concise advice as well as giving you all of the information you need following the breakdown of your relationship or marriage with your former partner at a reasonable cost. Our family lawyers, and law firm in general, are highly reviewed in regard to divorce lawyers services. We are considered among the top Sydney divorce lawyers when it comes to law firms in New South Wales.
Our family lawyers understand that you may be going through a difficult time, so you can rely on the experts at Brydens Lawyers to ensure your instructions are put into action with minimal stress and delay. Whether you require assistance with child support, a property settlement, financial agreements, a marriage annulment, financial support, to apply for a divorce/a divorce order or a family law matter in general- our team of family law specialists are ready and willing to offer expert legal advice.
WHAT IS A DE FACTO RELATIONSHIP?
A de facto relationship is constituted when two persons, not legally married to each other, and not related by family, have a relationship as a couple living together on a genuine domestic basis.
In order to determine the nature of the relationship for the purpose of child support, a financial, or a property dispute- the court must be satisfied as to a number of factors including:
– That the parties were in a genuine de facto relationship which has broken down
-That the relationship lasted at least two years or that there is a child of the relationship
WHAT DOES THE COURT CONSIDER IN PARENTING MATTER DECISIONS?
Under the Family Law Act, when it comes to the making of any Family Law parenting matter, the best interests of the child are always paramount in the Family Court’s consideration.
Matters brought into account include:
– The benefit to the child in having a relationship with both parents
– The need to protect the child from physical or psychological harm
– Any views expressed by the child
– The nature of the relationship that the child has with each parent
– The extent to which the child’s parents have taken, or failed to take care of the child
– The likely effect of any changes in the child’s circumstances
– The capacity of each child’s parents to provide for the needs of the child
– The maturity, sex, lifestyle and background of the child and either of the child’s parents.
– Any history of family violence
In the event that the child is of Aboriginal or Torres Strait Islander descent consideration will also be given to the child’s right to enjoy and any impact on cultural factors.
For further information in this area, contact our family law division on 1800 848 848 to discuss your situation.
Brenden, a client of our Family Law division.