Divorce and Separation
As leading divorce lawyers, we know how challenging the end of a significant relationship can be. Many people experience uncertainty, worry or simply just want the process over and done with. Whatever your situation, we are here to offer you legal advice and support.
Are you married? Has your marriage ended? Are you ready to get a Divorce?
We make the divorce application process simple for you.
We know that the last thing you want to do is fill out the paperwork and deal with your former partner or have to go to Court.
As divorce lawyers with years of experience under our belts, we can handle all divorce applications. Divorce applications can only be made when certain criteria have been met.
These criteria include that you and your ex-spouse have been separated for at least one year and that if you have children, they are adequately cared for. There are many complexities that are associated with divorce applications.
If you and your ex-spouse are living under the one roof, then you will have to prove to the Court, that you are living separated and apart, even though you are living in the same house.
Sometimes it can be difficult to locate your ex-partner. We are able to assist and can make an application at Court for the divorce to be made, even if your ex-spouse is not reachable. Finally, in Australia, we have a no-fault divorce system. This means that you do not need to have any reason, other than you have decided that the marriage has ended and there is no chance that you and your ex-spouse will re-unite.
If you have been living with a partner and you are unsure whether the relationship is a de facto relationship, then we are able to assist you.
As Sydney’s top divorce lawyers, we can provide you with the most up-to-date advice about your relationship. Typically, de facto relationships are between two people who share a common home and have a common intention to live together as a couple.
However, the definition of a de facto relationship is broad and any or all of the following may be considered to determine whether a de facto relationship exists for the purposes of the law:
1. The length of the relationship.
2. Whether there has been a common or sole use of property.
3. Whether a sexual relationship exists.
4. The degree of financial dependence or interdependence between two people.
5. Whether any property is owned or shared together as a couple.
6. The intention of both people.
7. Whether there are any children that the couple care and support.
8. The reputation and how family and friends view the relationship.
You may be in a de facto relationship and have children and own property together. If you are in a de facto relationship and the relationship is over, then you must obtain legal advice to know your rights and also understand what your responsibilities may be with regards to children or the payment of bills, mortgages and any other expenses that arise from the relationship.
We are an all-inclusive divorce and separation legal practice.
Since 2010, we have been providing legal advice and representation to couples in same-sex relationships. We understand that same-sex couples face additional challenges when a divorce or separation occurs. Challenges such as the care of children and distribution of property can create distress and ongoing uncertainty.
We are the best divorce lawyers in Sydney. We have expertise in all legal matters that relate to same-sex marriages, separation, child custody, maintenance, and divorce. We are also able to assist our clients with Surrogacy agreements, as well as any questions they have regarding egg or sperm donations or artificial insemination and separation or divorce.
De facto relationships and separation
If you are in a de facto relationship, and your relationship is over, then unlike being married there is no legal requirement to file any documentation that states your de facto relationship has ended. You do need to know, however, that you do have 24 months to finalise your property matters if your de facto relationship has separated.
It is vital that if your relationship has ended, and you are not married, that you seek specialist family law advice from a reputable divorce lawyer. We are here to help you navigate the legal complexities of any de facto separation.
Frequently Asked Questions:
We know that you will have questions. We have made it easy by answering the top 3 questions:
1. My ex-partner and I have been together for a year, do they have any claim on my home?
This is not an easy answer, especially if you have children together or you have made financial contributions to the home.
If you are in this situation, then make an appointment to speak with us today.
2. My ex-partner has changed the locks on our home. What can I do?
Unfortunately, this happens too often. If you are co-owners of the home, then you do have rights. If you have lived in the home and have made contributions (financial or non-financial) this will also be relevant. Speak to us, we can give you a range of legal options and solutions that best suit your circumstances.
3. My ex-spouse has left me and I can’t find them to give them the divorce papers – what can I do?
The service of a Divorce Application is very important, and the Court will not grant your divorce without proving that your ex-spouse is aware of the Divorce Application. We have been 100% successful in these cases and are able to assist you, contact us to find out how we can help today.
4. What divorce settlement am I entitled to?
If you are in the midst of a divorce, or have been divorced, you are probably wondering how to determine a fair marital settlement. While there is not an exact formula for dividing marital assets, there are guidelines that will help you determine what constitutes a fair settlement for the division of marital property.
5. How long does it take to get divorced in Australia?
Before a divorce can take place, a couple must have been separated for 12 months. Once the divorce has been filed, it usually takes a few months to be completed. However, the timeframe may differ depending on several factors such as the parties’ income, the couple’s property, and whether or not there are any children involved (permanent or of temporary) in custody arrangements.
6. What if my partner doesn’t want a divorce?
If one party wants a divorce, then the other party must be made aware of this. You can, however, move forward with your plans to divorce at any time so long as the other party has been informed.