Separation & Divorce Lawyers
Working out the practical and legal steps to take after a relationship breaks down can be difficult, particularly while dealing with a range of emotions. Our Sydney divorce lawyers help our clients navigate the legal complexities of separation and divorce.
Specialised Lawyers for Divorce in Sydney & Australia
Divorce is the legal end of a marriage. Australia has a no-fault divorce system which means that when granting a divorce, the court does not consider the reasons for the marriage ending. Neither spouse needs to prove that the other did (or did not) do something that caused the relationship to end. The only ground for divorce is that the marriage has broken down and there is no reasonable chance that the parties will get back together. The parties must be separated for 12 months before they can apply for a divorce. A divorce can only be granted by a court, however, the parties do not generally need to attend court personally.
Divorce only refers to the legal formalisation of separation. It does not deal with parenting issues, property division, maintenance or child support. Each of these areas must be dealt with separately.
Applying for a Divorce in Australia
An application for divorce is made through the Federal Circuit and Family Court of Australia. You can apply if either you or your spouse regard Australia as your home and intend to live here indefinitely or are an Australian citizen by birth, descent or by the grant of Australian citizenship, or ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.
If you were married overseas, and your marriage is recognised in Australia, you can seek a divorce here. You must provide the court with a copy of your marriage certificate. If your marriage certificate is not in English, you will need an English translation of the marriage certificate, together with an affidavit from a certified translator.
Same sex married couples can apply for a divorce in the same way.
You will need to prove to the court that you and your spouse have been separated for at least 12 months, and there is no reasonable likelihood of resuming married life. It is possible to live together in the same home and still be separated. This is known as being separated under one roof and you will need to provide appropriate evidence with your application.
If there are children involved, the court can only grant a divorce if it is satisfied that proper arrangements have been made for them, although this does not mean that any parenting disputes must be resolved prior to an application for divorce being made. In your application, you will be asked to provide certain information about any children of the marriage or children who were treated as members of the family.
Property and Children
The granting of a divorce does not determine issues regarding the division of property or arrangements for children. It is simply the legal recognition that a marriage has ended. However, it is important to note that the granting of a divorce does start limitation periods for applying to the court in relation to most financial matters which must be commenced within 12 months of the divorce order taking effect.
De Facto Relationships
De facto couples (whether they are in a same-sex or heterosexual relationship) can also access remedies under family law legislation.
Various factors are considered to determine whether persons are or were in a de facto relationship, for example, the length and nature of the relationship, financial dependence or interdependence, the care and support of children, or whether the relationship was registered under state law.
Child Support
The duty to financially maintain a child extends to each recognised parent of the child, regardless of their relationship status. In the absence of a private agreement between parents, known as a Binding Child Support Agreement, child support payments are administered by the Department of Human Services. The amount of child support payable is calculated using a formula, which takes into account, amongst other factors, the parents’ respective incomes and the time a child spends with each parent.
Speak to a Sydney Divorce & Separation Lawyer
We are a boutique Family Law firm in Sydney that has operated for over 20 years. If you need assistance, contact [email protected] for expert legal advice or book in a FREE 30-minute consultation now.