DIVORCE LAWYERS SYDNEY
Going through a breakdown of a relationship can be extremely stressful and often places people in a situation where they're unable to move on with their lives. At Ters Legal, our solicitors understand this level of distress, which is why we're committed to resolving disputes at the earliest possible opportunity by implementing negotiations, mediation and a collaborative approach.
DO I NEED A FAMILY LAWYER?
When a divorce is finalised, it does not necessarily mean that parenting and financial issues have been resolved. This is why it's important to obtain legal advice from a qualified family lawyer in order to understand and assess the intricacies involved in family law matters.
Ters Legal is here to help you through this difficult process.
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WHEN CAN I FILE FOR DIVORCE?
A divorce application can only be filed once a married couple have been separated for 12 months.
This is regarded as a sufficient amount of time to demonstrate the likelihood of the couple not reconciling. Although living apart typically denotes that a couple has separate residences, it is possible to be ‘separated under one roof’.
It is important to be aware that couples who have been married for less than two years are legally required to attend counselling before they are able to file for divorce. However, in some instances, such as whether there has been domestic violence, this requirement may not be applicable.
HOW DO I SUBMIT A DIVORCE APPLICATION?
A divorce application can be submitted online using the Commonwealth Court Portal. If both parties agree to apply for a divorce, they may file what is called a ‘joint’ application. As a result, the filing fee for the divorce may be shared between the parties.
One spouse cannot prevent the other from applying for a divorce or the Court from granting a divorce. If one party is unable to reach an agreement on filing a joint divorce application, they may seek to file a ‘sole’ application for divorce which will result in that party being solely responsible for the filing fee. Further, the filing party will be required to serve the divorce paper work on the other spouse.
Once a party files a ‘sole’ application for divorce, they are required to provide the other spouse with the documentation pertaining to the divorce prior to the divorce hearing. The process of delivering the divorce documents is known as ‘service’. Importantly, service is a requirement to allow the other party to be notified of the pending application for divorce involving them. For all sole applications, the Applicant is required to serve the divorce application on the other party by either posting it or delivering it by hand. It is a requirement that the divorce application be served at least 28 days before the hearing if the spouse lives in Australia, and 42 days before the hearing if the spouse is overseas.
COURT HEARING & DIVORCE ORDER
The Divorce hearing will be determined in the Federal Circuit and Family Court of Australia.
Parties are only expected to attend the divorce hearing if they satisfy the following criteria:
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A sole application has been filed and there is a child of the marriage aged under 18 years at the time of filing;
2. The party has indicated that they wish to attend in the application; or
3. Either party has objected to the divorce being heard in the absence of the parties; or
4. The respondent files a Response to divorce opposing the application.
In the event that the Applicant has been unable to serve the divorce Application on the Respondent, they should attend the Court hearing and depending on the circumstances, they should consider the appropriateness of seeking an order for substituted service or an order for dispensation of service in circumstances where they are not able to find the Respondent to serve the documents.
Once the divorce is granted, it will be finalised one month and one day later unless an order is made by the Court to reduce that time. A copy of the divorce order will be made available to the parties upon the order becoming operative.
WHAT IS A NO-FAULT DIVORCE?
The Federal Circuit and Family Court of Australia have a no-fault divorce system which applies to all family law divorce matters. In other words, the court will not decide who is to blame for the breakdown of the marriage. Instead, it is the Court’s duty to assess whether the marriage ‘irretrievably’ broke down. This is the primary factor which the Court takes into account when determining whether a divorce order should be made. There is also a requirement that the parties have been separated for at least twelve months which is an indicative factor to a relationship being irretrievably broken down.
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