Divorce Lawyer In Sydney, When It’s Time To Go Separate Ways.
You may be thinking about divorce, but you are probably wondering how it works and what you must do to prepare yourself. You’re not alone if you’re worried about how you’ll handle the situation. Divorce is a difficult time in any person’s life. Not only are you dealing with the emotional toll of ending a relationship, but there are also many legal issues to consider. This is where divorce lawyers come in. They can provide legal advice and guidance to help you navigate the divorce process.
That’s why O’Loan Family Law is here for you. At O’Loan Family law, we understand that dealing with a divorce can be stressful, especially when unsure of what to expect. So we’re here to help and provide you with quality service regarding your individual situation.
As divorce lawyers in Sydney, we’ll walk you through the process step by step, helping you figure out what to do and how to deal with each stage of the process. From filing paperwork to negotiating settlement terms, we’ll guide you through everything, so you feel confident and prepared throughout the process.
And since we’re based in Sydney, we know the ins and outs of the legal system here. Whether you live in Sydney or elsewhere in Australia, we can help you navigate the court system and ensure you get the outcome you deserve.
So, if this is an overwhelming experience for you or you are unsure about how to move forward with the challenges of separation, please feel free to contact us today. We would love to discuss your options and answer any questions you might have regarding your family law matters.
What Is Divorce?
Divorce is a legal procedure where two spouses decide to separate their relationship following the dissolution of marriage. The couple then files a petition in court requesting permission to dissolve their marriage. This is done through a formal hearing called a trial. If both parties agree to the dissolution, they sign a decree absolute document.
In Australia, the law allows couples who live together for at least 12 months to apply for a divorce. There are three types of divorces.
- Uncontested: An uncontested divorce means the couple agrees to the divorce terms without going to court.
- Contested: A contested divorce means the husband or wife files a petition against the other party.
- No contest: No contest divorce means neither spouse wants to pursue the case further.
Divorce is expensive and stressful. It takes time and effort to get divorced. Before filing for divorce, you should consider whether you want to stay married or split up.
Requirements For Obtaining A Divorce In NSW
In New South Wales, Australia, there are certain requirements that must be met before a divorce can be granted. The first step in obtaining a divorce is to complete a divorce application, which can be done jointly or by way of a sole application. Some of them are:
Evidence Of A Valid Marriage
To prove your marriage in Australia, you must provide evidence such as a copy of your marriage certificate, birth certificates for both parties, and proof of residence. The court also requires a letter from the registrar stating that you were married at the registry office.
Evidence Of 12 Months Of Separation
One of the key requirements for a divorce is a 12-month separation period, during which the parties must have lived separately and apart.
If you’re having this problem, we recommend you contact an experienced attorney for legal guidance.
Common Misconceptions About Divorce
What are some common misconceptions about divorce in Australia?
Divorce rates in Australia have increased over the last decade. In 2016, around 50% of marriages ended in divorce or separation. This has led to a rise in the number of divorces being contested in court.
There are several myths surrounding divorce in Australia. Some of these include:
- The cost of divorce is high
- There is no financial support during the divorce process
- I will lose my children
- Divorcing couples cannot remarry
- My ex-spouse will take everything
How To Apply For Divorce
Divorce proceedings can be complex and time-consuming. A divorce lawyer can help you navigate this process and ensure that all legal requirements are met. They can also help you complete the necessary paperwork, including an application for divorce and the marriage certificate. The grounds for divorce are based on the irretrievable breakdown of a marriage, which can be demonstrated through factors such as separation, family breakdown, and family law mediation. In cases where there are children involved, the court must also be satisfied that adequate care arrangements have been made for the child’s care and that the child is not at risk of harm. In some cases, parties may choose to submit a joint application for divorce if they can agree on the terms of their separation. This can lead to more favourable outcomes for both parties, as it can reduce the time, expense, and stress associated with a contested divorce. Once a divorce is granted, it becomes a binding document that dissolves the marriage and frees both parties to remarry if they choose to do so.
Annulment of marriage is granted when the marriage is invalid due to fraud, bigamy, incest, or cruelty. They are also granted when a spouse dies before the marriage ends.
You must prove that the marriage was entered into under false pretenses to obtain an annulment of marriage. There are four main reasons why marriages may be declared void:
- Fraud – When one party enters into a marriage contract with another, knowing that he/she does not intend to fulfil his/her obligations. For instance, if a man marries a woman only to divorce her later.
- Bigamy – When a couple gets married, but both parties are legally married to someone else.
- Incest – When a parent marries his/her child.
- Cruelty – When one partner treats the other so badly that it causes him/her mental anguish.
You can find out if you qualify for an annulment by contacting the court in which you were married.
Frequently Asked Questions
No-Fault Divorce means that both parties do not need to prove any wrongdoing on behalf of the other party. The only requirement for a divorce is one partner wants out of the marriage following a family breakdown. This is called “no-fault” because neither party needs to be at fault to obtain a divorce.
Applications for divorce takes about 6 months to be granted in Australia. The process starts when one party files for divorce, which includes filing paperwork at the court and requesting a hearing date. After the hearing date has been set, both parties must attend the hearing and present evidence to support their case. If the judge agrees with the arguments presented by either party, then they will grant the divorce. In Australia, there are no time limitations for filing a divorce.
Separation refers to the process of living apart and ceasing to live together as a couple. In some cases, couples may choose to separate without ending their marriage or de facto relationship. This is known as a trial separation, where the couple takes time apart to consider whether they want to continue the relationship or not.
Divorce, on the other hand, is the legal process of ending a marriage. It is a formal procedure that involves applying to a court to have the marriage legally dissolved. In order to be eligible for a divorce, the couple must have been separated for a certain period of time, usually a 12-month time limit, and must be able to demonstrate that the marriage has irretrievably broken down.
One key difference between separation and divorce is that separation does not end the legal marriage or de facto relationship. Even if a couple is separated and living apart, they are still legally married or in a de facto relationship until they obtain a divorce. This means that they may still have legal responsibilities and obligations to each other, such as with respect to property settlement, spousal maintenance, and child custody and support.
Divorce is a legal process that can have significant implications for individuals and families. One of the key issues that arise during divorce is the division of assets, including real estate and other property. Property settlement is one of the most important aspects of any divorce. This involves dividing up the assets and liabilities that you and your spouse acquired during your marriage. A divorce lawyer can help you negotiate a fair settlement of the division of property and ensure that all assets and debts are properly accounted for.’
Domestic violence is a serious issue that can arise during a divorce. If you or your children are at risk, a divorce lawyer can help you obtain the necessary legal protections. They can also represent you in court to ensure that your safety is protected.
Why Choose O’Loan Family Law as your Divorce Lawyers In Sydney
Legal advice is essential throughout the divorce process. Whether it’s related to child custody, parenting arrangements, or financial matters, a divorce lawyer will have a wealth of knowledge and can provide you with the legal guidance you need. O’Loan Family Law can help you understand the legal terms and procedures involved in divorce proceedings. We have extensive experience to provide you with advice about marriage breakdown and provide you with a pleasing outcome. Our highly experienced divorce lawyers will help you through this difficult period with compassion and care. Get in contact with our Family Law Team if you would like to schedule in a complimentary 15-minute phone consultation.