Divorce Lawyers
Separating from your partner can be an extremely difficult time and can leave you feeling overwhelmed and anxious about what the future holds. Even if you’re on good terms with your ex, the process is often challenging.
But help is here. We have family lawyers with plenty of experience in handling all types of divorces, from straight-forward arrangements to complex financial separations involving valuable business assets and trusts.
We take the time to understand your unique situation and concerns and will guide you through the entire process with compassion and empathy.
We help to simplify and streamline the divorce process and advise on:
- Divorce Applications
- Parenting Orders and Children’s Issues
- Child Support, Financial Agreements
- Property Settlements
- Estate Planning and more
The Divorce Process
Here’s what you can expect when you apply for a legal separation or divorce in Sydney.
- If you’ve been married for less than two years, the Court requires you to first attend a mediation session with a counsellor. If mediation is not possible, you will need to file an affidavit.
- Grounds for divorce are established if you can prove that your marriage has irrevocably broken down – even if your spouse disagrees.
- You and your partner must have been separated for at least 12 months. This period can include time spent living under the same roof, if you do not have the financial resources to formally separate and live apart.
- At least one party must be an Australian citizen who intends to live in Australia permanently.
- You and your spouse must have lived in Australia for 12 months before filing for divorce
- You can apply for divorce on your own or jointly with your spouse.
- If you apply on your own, you will need to prove to the Court that your spouse has been legally served and is aware of the divorce application
- If you have children younger than 18, you will need to attend the hearing of your divorce application in Court, to satisfy the judge that proper arrangements have been put in place for your children.
- Orders affecting financial settlements and child custody do not form part of a divorce application and will need to be made separately.
- Once you receive your divorce certificate, it will take about a month to finalise your new marital status.
Assests Considered in Divorce
The property that you own, the property that your partner owns, and the property that you both own together is all considered property of the relationship. It is worth considering both your own and your partner’s property.
This includes things like:
- houses
- vehicles
- businesses or companies
- savings and other bank accounts
- trusts
- superannuation
- gifts and inheritances
- compensation payouts
- insurance policies
- furniture and household items
- mortgages, loans, and other debts
Filing for divorce with children
Divorce proceedings can become more complex when a child under eighteen years of age is involved. In this case, you have to show the court that proper arrangements for the child’s care, welfare and development have been made before your divorce can be granted.
What to Expect when working with PB Lawyers Australia
Here are some reasons why people choose us:
- Punctual and Precise: From your first consultation until a successful solution, we will work hard to resolve your matter fast and with precision. We answer all enquiries quickly as we understand how stressful legal pressures can be. And more often than not, time is crucial, so we act promptly. Having the right lawyer in your corner is the most important aspect when dealing with legal matters, so as we are fast, we are also as experienced and thorough.
- Understanding and Perceptive: We understand that being involved in any legal matters can be stressful. So, we take the time to learn your situation and get a good grasp on all the relevant factors and use that information to work for you in the best way possible. We’re here to guide you every step of the way, we will listen to you, offer advice, answer any questions you have and ensure that you have all of the information you need to make an informed decision every time.
- Affordable and Reasonable: There is no surprise in saying that legal fees can be expensive, however, engaging a lawyer may be less expensive than you realise. Doing so will most definitely reduce the amount of stress and the amount of time in dealing with your legal matters. We offer flexible billing arrangements for our services, including event billing, time interval billing and fixed rate fees. We’ll also be transparent with you about the costs surrounding resolving your matter and provide you with a quote once we’ve had a consultation with you and understand your situation.
- Experienced and Knowledgeable: Each member of our trusted team has years of experience in the areas of law they each practice, coming from different cultural and societal backgrounds. This allows us to understand your situation more easily and work together to find the best outcomes for your situation. Like we said before, no two situations are the same, but our vast range of experience means that we can certainly help you.
Our Divorce Law Solutions include:
Assisting You Gather Relevant Documentation
Drafting Required Documents
Giving You Advice on the Best Method to Proceed
Providing a Free First Consultation
Assist in Divorce Settlement Meeting
Represent You in Court
Protect You Against Disputes
Organise the Finalisation of Settlement
Lodge Appropriate Court Documents
Client Testimonials and Reviews
Frequently Asked Questions
What do I need to prefer for my divorce?
Things you might like to think about and documents you may want to take to your lawyer:
– marriage certificate
– bank statements
– superannuation statements
– insurance policies or statements
– title deeds of any property you own
– tax returns and notices of Assessment, both personal and for any businesses
– receipts for major items you bought before, during or after the relationship
– contact details for your partner, or your partner’s lawyer
– family and relationship information, including important dates such as when your relationship started, when you got married, and when you separated
What if I am in a same sex relationship?
Married same-sex couples have the same legal rights as married heterosexual couples. This includes couples from marriages conducted overseas that occurred before the legal recognition of same-sex marriage in Australia (7 December 2017). These overseas marriages are recognised retrospectively as long as they meet the other requirements of a marriage (either heterosexual or same-sex) under the Family Law Act.
Can you oppose a divorce application?
You can only oppose a divorce application if you have not been separated for 12 months or more or if you allege that the Court does not have jurisdiction (for example, if you have already been divorced in another country) or if you allege there was never a valid marriage.
If you still want a divorce granted but disagree with the facts alleged by your former spouse in their application, you can file a “Response” which will set out which facts you disagree with.
Does it matter who's fault the divorce was?
No. The court does not consider which partner was at fault in the breakdown of a marriage, only that the marriage has broken down irretrievably, demonstrated by 12 months of separation. This is known as no-fault divorce and has been the case in Australia since 1975, as part of the Family Law Act.
Behaviour is not a factor regarding divorce, however, it may be relevant for other matter resulting from divorce, such as parenting matters.
How long after divorce can you remarry?
You will not be able to remarry until the divorce order becomes final. In most cases, the divorce order becomes final one month and one day after the divorce hearing. It is common for people to plan their wedding very close to the date that they expect their divorce to be finalised.
We recommend avoiding this at all costs because several factors could delay the process and force you to re-schedule your wedding plans. However, once your divorce order is finalised, there is no waiting period. You will be able to remarry the following day.
Will my divorce impact my will?
The changes in your circumstances brought about by separation and divorce mean that reviewing your Will is essential. If you separate from your spouse and you had made your will following your marriage, your will remains in effect.
However, if you divorce your spouse, any benefits bestowed on them by the will are revoked and they will be removed as an executor.
