Divorce is a legal end to a marriage that involves emotional and financial challenges. It is vital to examine some basic facts to avoid any consequences. Divorce lawyers Sydney does a few things to ensure everything goes smoothly.
Many people avoid filing a divorce as they think it won’t bother them later. Some people believe in finalizing the chapter and moving forwards by starting a new chapter.
Sometimes people also run to their family lawyers Sydney as they know all the family members and will provide the best solution based on the circumstances.
What is the common process of divorce?
The procedure of obtaining a divorce goes through some legal steps, and various choices exist. So many services available to file your divorce:
● Handle Yourself
Visiting the Family Court of Australia website and accessed the online divorce kit. The procedure involves visiting a court hearing if there are children under 18 years of the marriage.
If children are over 18 or there are no children, you can ask for the hearing to be dealt with by a court Registrar in Chambers (or in your absence).
● Engaging a Solicitor
Full services include court documentation, application service, filing, and attending the divorce hearing to make representation for you.
● Solicitors
Local family solicitors and traditional law firms help to prepare the documentation, file paperwork and attend the divorce hearing with you. This is known to be costly but efficient in producing favorable results. Initially getting a conveyancing solicitor will give you more information about the case.
What is the information required in filing a divorce application?
When you go through legal procedures, they will demand specific information about various sectors like:
- Full Name of the parties involved
- Marriage date and place
- Date and period of separation
- Parties living under one roof after separation
- Any chance of a reconciliation of the marriage
- Children of the marriage
- Age of children of the marriage
- Children’s details like education, finances, and health support spent by both parties
- If there are previous orders in the Court, including concerning domestic violence, children, or property
10 Things you must know while applying for a divorce:
1. The Criteria
You both must be legally married in Australia, or the overseas government must recognize your marriage. You must be an Australian citizen or a resident living for 12 months in Australia, or you are domiciled in Australia.
The most important thing is to establish irrecoverable breakdown and evidence of separation for over 12 months before filing a divorce.
2. Living Separately and Apart
This means living separately and apart in the same residences. Australian legal codes allow you to apply for a divorce even if you live under the same roof for financial or other reasons. In such cases, you need a short affidavit explaining the living and domestic conditions. This involves sleeping in separate bedrooms, no social outings, no common friends or family for social visits, and no shared finances or support.
A short affidavit, if needed, from a person above 18 years to state that they have been to the house and seen the arrangements. This person does not have to visit the Court during the Divorce application.
3. The Divorce Application
It is important to log your divorce application into the Federal Circuit and Family Court of Australia. After completing the application, a copy of the Marriage certificate, Naturalisation certificate (Naturalised Citizen), and affidavits if living under the same roof need to be filed. The documents need to be filed with the Court. You will get the hearing date after 2 to 3 months of applying.
4. Documents for the other party
Your partner must know that you have applied for a divorce. Anyone other than you over 18 years can hand over a copy of the application sealed by the Court to your partner. They will have to sign an Acknowledgement of Service that they have received the documents.
A Divorce Kit on the website will make your tasks easier to understand. The process might be simple if you file a Joint Application for Divorce. The best law firms Australia will provide all advice and the best way to proceed with the divorce.
5. No-Fault Divorce
You do not need to blame your partner for the marriage breakdown. In such a case, the only thing to support the irretrievable breakdown is 12 months of separation.
6. Finalisation of Other Family Law Matters
Family law requires one to make a genuine effort to resolve the dispute before making any application to the Court other than by consent. When it is about parenting matters, you must attend a family dispute resolution before applying to the Court.
7. Time Limitations
There are no time limits for children’s matters. However, property orders must be sought 1 year of your divorce becomes final. If you pass the limitation period, some laws allow you to seek an extension of time. A family lawyer expert will help avoid such a scenario and take every legal action promptly.
8. Responsibility of Disclosure
Any dispute on financial and property matters requires you to fully disclose the documents and information relevant to the disagreement. Without an experienced lawyer, you might fail to disclose something, incur financial penalties, and receive a less favourable result.
9. Children and Property
Property settlement and the care of children are important in divorce applications. There are binding financial agreements, parenting plans, or consent orders that family lawyers can understand. They will help you settle on the best method for you.
10. Financial Resources
While filing for a divorce, you need to have sufficient funds to handle expenses for a minimum of three months. This is one of the reasons why parties remain living in the same house, notwithstanding their separation. Spouses can become vindictive and cut off your finances. Although the best law firms will help you get all the financial support, it will take some time.
Summing up!
Understanding all the important legal rights before filing a divorce is important. Getting divorce lawyers Sydney will ensure you stay updated and consider all the documentation required to make the whole process smooth.
They will have tailored advice to guide you through the emotional and financial situation during the divorce. This saves you from stressing about the documents and missing important details, which can negatively impact the whole case.
