Divorce is a major event in ones life. And even if you remain on good terms with your ex, the process raises many issues you may never have dealt with before.
We are Sydney lawyers who deal with divorce and the flow-on effects, covering everything from parenting arrangements to the divison of the family home and other assets.
We deal with a broad range of legal issues, from relativley simple cases to those with complex arrangements of property, finances and children.
We understand the deeply personal and emotional nature of separation and divorce, and pride ourselves on giving you legal skill balanced with compassion.
We start by understanding the 3 areas of the relationship - assets, the nature of the relationship, and children. In our first discussion, we will:
- Listen to your situation
- Identify the legal issues
- Provide a timeline for the process
- Outline the expected costs
- Answer any general questions you have about Family Law
Our goal is to understand your personal situation, and give you practical legal advice to obtain the best outcome possible.
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Family Law Services
Dividing property & assets
The process of dividing property and finances after separation.
Read moreParenting arrangements
Determining the living arrangements of children following separation.
Read moreCourt matters
Advice and representation across all types of family law matters in the court system.
Read moreBinding Financial Agreements
Expertise in drafting and reviewing Financial Agreements.
Read moreConsent Orders
Where agreement can be made, these can be a more efficient and cost-effective way to resolving some or all issues.
Read moreAbout Movement Legal
The end of a relationship is stressful. We brings transparency and simplicity to the process. We’ll always provide you with a clear strategy from where you are now ... to freedom.
Family law specialists
Our lawyers are family law specialists, and deal with these and related legal issues daily.
Fast turn around times
We know the process can be stressful, and we want to minimise that by prioritising communication with you.
Cost Certainty
We provide our clients with certainty and transparency on our legal fees, and can help you with legal financing via payment plans.
How does the Divorce process work in Australia?
Divorce is the legal process whereby you separate from your spouse and bring a formal end to the marriage relationship.
The process itself is relatively simple, however the ensuring property settlement and parenting arrangements can become complex and the centre of conflict when the ex-partners cannot come to easy decisions.
You can apply for a divorce after you have been separated for 12 months, with no chance of a reconciliation.
The divorce application can be made by you, your ex-partner or both parties together. Doing it together will result in a quicker and cheaper process, without requiring attendance at Court.
Depending on your circumstances, the divorce process can take between 6 weeks and 6 months to go through.
What is the difference between divorce and separation?
Separation is when a relationship effectively comes to a close, while divorce is the formal process of ending the marriage.
The date when you separate is important to note as it will determine the earliest date when you can divorce.
Regardless of whether you and your ex-partner are married or not, you can seek a legal settlement of your finances and property - you do not need to wait until divorce has taken effect to begin this process.
Being divorced does not in itself determine how property will be distributed, or how custody of your children will be arranged.
For the most part, defacto and married couples are entitled to the same framework for property settlement and child custody in Australia. However defacto couples who have separated have a 2 year timeline to commence legal proceedings in order to sort out financial and property issues.
Divorce, Children and Parenting
Negotiating and settling arrangements for your children can be a particularly emotional element in the divorce process. Your focus and ours will always be on the child’s well-being as a first priority. This includes protecting them from emotional and physical harm, as well as helping them maintain a relationship with both of their parents (except in situations where this would not be in their best interest).
Parenting Services
Services in this category include:
- Consent orders
- Parenting coordination
- Parenting plans
- Child support agreements
- Adult - child maintenance (for children aged over 18)
FAQs
Frequently Asked Questions
The paperwork for the divorce can be organised fairly quickly once it is established that you meet the eligibility requirements for a divorce. Usually the divorce application can be filed within a 28 day time period.
Once filed, the final Divorce Order usually takes 2 to 3 months to process. This timeline can be extended if locating the other party in order to serve them proves difficult.
The first step is to call us on 1300 933 191 or fill out the form on this page, and book in a consultation with one of our lawyers. We will formulate a strategy based on your situation, and determine an action plan to move forward.
The process for marriage in Australia, as well as divorce, is the same for same-sex couples as it is for straight couples. The same goes with partners in a defacto relationship.
However there are issues that are unique to Queer couples and families, and you may specifically want to seek out a progressively-minded law firm.
Mediation is unlikely to be used during the divorce process itself.
However where there are disagreements around issues involving assets (for example, pets, house, cash, bank accounts, superannuation) or children then mediation may be a way resolve such disputes.
Mediation can be cheaper, and less stressful alternative to processings in the Courts. In any event, the parties will have to demonstrate they have made an attempt at Meditation when commencing Court proceedings.
The sessions are conducted by a mediator who has the goal of helping the parties come to an agreement, which may then be later formalised by a Court.
You will need to show that:
- The marriage is valid
- You have been separated for at least 12 months
- There is no hope for the relationship to be reconciled
- You have an Australian mailing address
Generally, if you’re the person applying, then you will cover the filing fee. If your ex-partner agrees to it, then costs can be shared between the two of you.
Lawyers fees are additional, and each side will pay their legal fees separately.
Generally in Family Law proceedings, each party is expected to pay for their own legal fees. The Family Court does have discretionary powers to award the costs of one side to another, and will take into account the personal circumstances of the parties before making an order for costs.
Once your divorce has gone through and the Divorce Order is made, you will be able to remarry. This is normally a month and one day after the Court grants your divorce.
You should be aware that it is illegal to get remarried until the divorce has become final.
The divorce itself does not deal with the arrangements surrounding your assets or children.
These need to be dealt with separately.
You do not need to wait until the divorce has been formalised. As soon as you have separated from your ex-partner, you can begin the process for a property settlement.
Assets that have been acquired during the period of separation will be included in the “asset pool” to be divided between the parties. This continues until the date of settlement.
Get in touch with our team to book an appointment.
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