Divorce & Family Lawyers In Sydney
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 and difficult times in your life. 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. We can provide a range of services including legal advice and guidance to help you navigate the divorce process.
That’s why O’Loan Family Law is here for you and your family matters. At O’Loan Family law, we understand that dealing with a divorce can be stressful, especially when you are unsure of what to expect. We’re here to help and provide you with excellent service, including legal services that consider your individual family law situation.
As divorce lawyers in Sydney, our legal services will 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, our team of lawyers can 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 family law 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.
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.
Requirements For Obtaining A Divorce In NSW
In New South Wales, Australia and the Federal Circuit and Family Court of 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 a sole divorce application or a joint divorce application. Some requirements of a joint and sole application 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.
Evidence Of 12 Months Of Separation
One of the key requirements for a divorce is a 12-month separation period, during which you and your former partner must have lived separately and apart.
If you’re having this problem, we recommend you contact us for legal guidance.
Australian Citizenship
You or your former partner must show that you are either an Australian citizen, resident, or have lived in Australia for 12 months to be eligible for divorce in the Federal Circuit and Family Court of Australia.
Requirements for Sole Applications
Sole applicants must serve a copy of the divorce papers on their spouse 28 days prior to the divorce hearing.
How To Apply For Divorce
Divorce proceedings can be complex and time-consuming. A divorce lawyer can help you navigate legal proceedings and ensure that all legal requirements are met. They can also help you complete the necessary paperwork, including an application for divorce. 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 proper arrangements and living arrangements have been made for the child’s care and that the child is not at risk of harm.
In some cases, you may choose to submit a joint application for divorce if you can agree on the details of your separation. This can reduce the time, expense, and stress associated with a contested divorce. Once a divorce order is granted, it becomes a binding document that dissolves the marriage and frees both of you to remarry if you 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.
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 response time 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 procedural 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 matters are 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. At OLFL, we will look into the asset division, contribution of assets with amazing professionalism.
if you are having a property settlement dispute and cannot resolve your property settlement issues with your ex-partner in respect to a formal property settlement agreement, you can lodge an application for property orders. Note that an application for property division or property settlement must be lodged within 12 months of your divorce being finalised.
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 provide you with assistance with Family Court questions. Our team of family lawyers can not only assist you with your divorce, but help you obtain a favourable property settlement outcome.
Get in contact with our amazing team of family lawyers to receive comprehensive, professional advice.
Why Choose Our Fixed Fee Divorce Lawyers
Legal advice is essential throughout the divorce process. Whether your legal matter is related to child custody, parenting arrangements, parenting disputes, or financial matters, a divorce lawyer will have a wealth of knowledge and can provide you with the legal guidance you need in what would have been a confusing separation process. No matter the type of matter, O’Loan Family Law is a family law firm that will provide you with excellent professional service, practical outcomes and help you understand the legal terms and procedures involved in divorce proceedings with no hidden costs. If your matter proceeds to court, our amazing team will ensure to assist you in your family court disputes and seek adequate arrangements.
You may have thousands of questions, and we are here to help. 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 an introductory consultation as a complimentary 15-minute telephone consultation and get a fee quote from one of our awesome family lawyers. Alternatively, you can book in an initial consultation, a comprehensive consultation to provide you with detailed professional advice and ongoing assistance with your family court matter. It’s a simple process and our team of lawyers can help you get started.