When you need a divorce lawyer, we are here to help
We are experienced divorce lawyers based on the Northern Beaches. We understand that a divorce and separation are a difficult time. Let us help you and your children through your separation, divorce and property matters.
In Australia, there is no need to provide any reasons for divorce other than that the relationship has broken down irretrievably. If you’ve been separated for more than 12 months the court takes this as evidence of the fact, and even if you still live under the same roof you can still obtain a divorce provided you swear to the separation in your divorce application.
What do I need to apply?
You will need your marriage certificate, identification, and proof of citizenship (if you were not born in Australia).
What about the children?
The court needs to be satisfied that your children are being taken care of before a divorce will be granted, but will not expect that you have a formal agreement in place in regard to child custody.
What about property?
You may be able to reach agreement with your ex-partner without having to go to Court. However, bear in mind that if you can’t reach agreement, a formal application for property orders must be lodged within 12 months of your divorce becoming final.
How long does it take?
When you lodge your application the court will advise the date of the hearing, usually within 2 – 3 months. The hearing is not long and you may not need to attend. The divorce order becomes final in one month and one day from the date of the hearing, provided it is granted.
You can access more information on the Court’s website at http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/family-law-matters/separation-and-divorce/divorce/divorce
Contact us to find out more or to arrange a consultation with an experienced divorce lawyer in Mona Vale, NSW.
Do I have to be divorced to split the property?
As soon as you have separated you can make arrangements to split your property and debts between you and your ex partner, you do not have to wait until you are divorced.
Do we have to go to Court?
No, not at all. If you have already agreed on how things should be divided between you, your lawyer can draw up the document which will finalise the arrangements, and then get underway the legal processes which will split the assets.
What if we can’t agree?
There is an established process in cases where there is disagreement over how property should be split. Firstly the court needs to be satisfied that you have attempted to reach agreement, and to this end you will be ordered to participate in dispute resolution.
If this doesn’t resolve the matter then an application for property orders must be filed with the Family Court or Federal Magistrates Court. This application must be made within 12 months of your divorce becoming final. The matter will be set down for hearing and a legally binding decision will be made by the court.
How does the court decide?
Firstly the court will calculate the total assets owned by both parties, including property, shares, cars, jewellery, savings, furniture etc. This includes things you brought into the relationship, those acquired during the relationship and also those purchased after separation.
Next the court will weigh up the contributions from both parties, including financial, non-financial, inheritances and assets brought into the relationship. Then the court will look at the future needs of both parties, including factors such as your capacity to earn money and your parental responsibilities. Lastly the court will make a decision based on what is just and equitable to both parties.
We can help
Dealing with the complexities of property settlement is stressful but the consequences of not doing it properly can impact on the rest of your life. We are experienced negotiators, and will make sure that you get the best possible outcome. Contact us to discuss your particular situation with an experienced family lawyer in Mona Vale, NSW.