Divorce
Let Guardian Family Law handle your Divorce
Some marriages won’t go the way you expect, and at some point separation is inevitable. That’s why Sydney or Australian residents have to think about divorce and what it entails. The divorce process is quite different to other countries. For example, Australia has a “no fault” divorce policy, which means that the court won’t take into consideration the reason why it ended. Instead, the ground for it is that the marriage broke down and thus there’s no chance the two parties will go back together.
What should you know about
divorce in Australia?
You can only apply for divorce in Australia if you are residents of the country and intend to live here indefinitely, if you are Australian by birth or acquired a citizenship. Also, you need to be an Australian resident at least for 12 months before filing for it. Additionally, you need to show the court that you and your spouse were living separately for at least 12 months and you won’t be resuming married life. One thing to note is that it’s possible to live under the same roof but still separated. The rule is identical for same-sex married couples too. In case you were married for less than 24 months, there’s also the option to participate in counseling, so you can see if reconciliation is possible or not.
How can you apply for
divorce?
It’s possible to apply for a divorce simply by filing this application online. You can also go through the forms and then post them to the family law registry. Generally, you need to send an application for its form that was signed by a lawyer, a photocopy for the marriage certificate and any other relevant documents like proof of citizenship.
What is a sole application? What about a
Joint application?
It’s possible to apply for divorce in Sydney on your own, which is a sole application. If you go down this route, you need to serve the application to the other party. The other party can share a response to divorce if they are not ok with any of the info you shared in your application. However, there’s also the possibility of a joint application, in which case you file together with your spouse. If the spouse agrees with it, they don’t even have to attend the hearing.
How much time does it take
to grant it?
In general, a divorce is granted within 1 month and one day after the hearing takes place. In case you choose to remarry, you will need to wait until it was granted. Sometimes an Australian divorce can take more than one hearing to finalize. In those situations, the court might need to know child-related arrangements, a proof off the date of separation and other similar things. Additionally, it will create a 12-month window during you are able to complete a property settlement with the former partner, the same thing is valid when it comes to custody issues.
It can be a challenging time for any Australian citizen. However, it’s very important to have a great family law representative to ensure that they can offer the guidance and assistance you need. In doing so, you will be able to file for it and finalize everything properly, without having to deal with more hearings than necessary!
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(02) 4613 5800
admin@GuardianFamilyLaw.com.au
Address
81 Campbell Street, Surry Hills, NSW 2010
FAQs
From the time we file your application to the final order, the divorce process usually takes around four months. Divorcing couples are also dealing with property division and parenting issues, which can slow down the proceedings. Our team will be able to give you an accurate estimate of how long it will take once we understand your circumstances and requirements.
Divorce applications cost somewhere around $900 to $1000 to file with the court. Depending on your circumstances, you may incur legal costs, such as making parenting arrangements or expert reports and assessments. We’ll give you a written fixed fee and outline your payment options once we understand your circumstances.
When it comes to getting the right outcome for you, having a good family lawyer is a great start. You should find a lawyer who: – Listens – Ensures they understand your situation and wishes – Communicates clearly with you – Explains the legal concepts – Has experience in similar family law issues We offer a free first consultation so you can decide if we’re the right fit for you.
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81 Campbell Street, Surry Hills, NSW 2010
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