Trusted Divorce Lawyers in Sydney

Dealing with a divorce can be a challenging and emotional journey. That’s why having an experienced divorce lawyer by your side is essential.

At Movement Legal, our team consists of skilled divorce lawyers who specialise in the Family Law Act and have extensive experience guiding clients through the divorce process.

We recognise that every divorce case is unique, which is why we prioritise listening to our clients’ worries and tailoring our strategies to address their specific needs. From preparing divorce applications to facilitating property settlements, our commitment is to achieve optimal outcomes for all involved parties.

The Australian Divorce Process

The divorce application process in Australia involves legally terminating your marriage after a period of separation from your spouse. However, matters like property settlement and parenting arrangements after separation can become complex.

Here’s a brief look at the divorce process under Australian law:

Separation Period: To initiate the divorce proceedings, the first step entails establishing a separation period of at least 12 months from your spouse.

This separation serves as evidence of a prior marriage breakdown, paving the way for subsequent legal actions.It can include time spent living in the same home following separation (known as ‘separation under one roof.’

Jurisdiction: To meet jurisdictional requirements, either you or your spouse must be an Australian citizen, resident, hold a valid temporary visa, or have Australia recognised as their permanent home. Failure to fulfil this condition may render one ineligible for divorce.

Application for Divorce: Complete the relevant forms accurately and submit them, accompanied by the requisite filing fee, to the Family Court or Federal Circuit Court of Australia (FCFOA).

Accuracy and timeliness in this step are paramount to ensure proper consideration of the divorce order that the Court will issue. 

Service of Divorce Application: Properly serve a copy of the application to your spouse, adhering to the prescribed requirements for legal compliance. Strict adherence to the mandated rules of divorce in Australia guarantees transparency and accountability throughout the legal process.

Waiting Period: After filing the divorce petition, observe a mandatory waiting period of at least one month before the court grants the dissolution of marriage. In instances of conflicting interests, a hearing may be convened to address these matters.

Divorce Hearing: Participating in a hearing may be required when disputes arise that require resolution. It offers all involved parties a formal platform to share their perspectives and evidence, guaranteeing a fair and unbiased decision-making process.

Divorce Order: When all legal requirements are met, the court issues a divorce order, officially dissolving the marriage and nullifying the marriage certificate. It is crucial to note that this ruling does not address property settlement or parenting arrangements, as these require separate legal processes.

How Can a Family Law Firm Help?

A family law firm supports individuals to navigate the divorce process. These firms employ lawyers with extensive experience who provide vital guidance and legal expertise to help clients navigate the complexities of divorce and other family law matters.

They handle various aspects, including initiating a divorce application, addressing child custody, spousal financial support, and property division. Through negotiation or litigation in the Courts, they strive to reach fair settlements, empowering clients to make well-informed decisions in their best interests.

Should amicable settlements prove impossible, an experienced family lawyer is able to advocate for clients in court, ensuring the protection of their best interests. 

Additionally, they can offer emotional support and guidance during what can be a challenging period, assisting individuals in paving a path towards a more positive position once the divorce has taken affect.