Divorce and separation can be emotionally challenging as well as legally complex. If you are dealing with this in Sydney, knowing your rights can be incredibly beneficial. Legal assistance can help you with property settlements, child custody, spousal maintenance, and much more. This guide will offer insights from some of the most experienced divorce lawyers in Sydney so that you can cope more easily during this challenging time.
- Divorce Laws in Sydney
The Family Law Act of 1975 governs divorce in Australia. The legal framework of the country implements a no-fault divorce system, which means neither party must blame the other for the separation. One requirement is that the marriage has ended irretrievably, meaning that you and your ex-partner have remained separated for at least 12 months prior to applying for the divorce.
Who is Eligible to File for Divorce?
Divorce applications in Sydney are permissible under the following conditions:
You or your spouse are an Australian citizen or have resided in Australia for more than 12 months.
The marriage is legally recognised in Australia.
You have experienced a period of separation for a minimum of one year.
- Major Steps in the Process of Divorce
Step 1 Getting Divorced
You can apply through the FCFCOA (Federal Circuit and Family Court of Australia) by filing an application to court online.
A divorce application can be mutual where both parties consent or contested where only one party proceeds with it.
Ensure to submit the filing fee. (Reduced fees are available for cases of financial hardship.)
Step 2: Divorce Paper Service (As Needed)
If your spouse is served last, they could be the first to receive the paperwork.
You can serve them by registered post, by a process server, or even do it yourself.
Step 3: Hearing of Divorce (Applicable If Necessary)
A court procedure is required if there are underage children involved.
If the application is submitted and there are no challenges made, the divorce is granted without the need to attend court.
Step 4: Final Date of Divorce
This order, once granted by the court, is effective 30 days from the date the order is made.
- Important Considerations: Division of Property in the Marriage and Custodial Arrangements
Division Court Orders
The divorce will not automatically allocate the assets. You will have to manage property divisions on your own.
Financial contributions, non-financial contributions (childcare, homemaking activities), and future needs will all be taken into account by the court.
Custody of Children in Divorce and Parenting Arrangements
Parents will be given the opportunity to develop a joint parenting plan that outlines the needs of the child.
If there are disputes, the court will make a decision that serves the best interest of the child.
In the absence of safety concerns, both parents will always have shared responsibility as a default position.
- What The Best Divorce Lawyers In Sydney Can Do For You
An efficient family lawyer can expedite the process. A lawyer can:
Assist you with legal matters that are specific to your needs.
Help you in dealing with property, child custody, and even finances.
Act on your behalf in court if necessary.
- Life After Divorce
Divorce is a significant event in one’s life, but with the proper legal and psychological support, it can be manageable. Whether you are seeking help with financial agreements or inquiries regarding custody, know that you will be able to do all with ease thanks to the best divorce lawyers in Sydney.
If separation is on the horizon for you, begin by consulting a professional divorce lawyer in Sydney to understand what your rights and options are.
