Family Lawyers Sydney

Married couples must be separated for at least 12 months before an Application for Divorce can be made in Australia.

To apply for divorce, you must satisfy at least one of the below criteria:

• You are an Australian citizen;
• You ordinarily reside in Australia;
• You consider Australia to be your home and it is your intention to live in Australia indefinitely;
• You have lived in Australia for 12 months immediately preceding filing the divorce application.

No. you can apply for a divorce without your partner’s consent. While both spouses can apply jointly, it is also possible to file a sole application. Even if your partner refuses to cooperate or does not attend the hearing, the Family Court can still grant the divorce if all legal requirements are satisfied.

Our Sydney divorce lawyers regularly assist clients in this situation to ensure a smooth process.

If you want to apply for divorce but have not been married for a minimum of 2 years, there are some additional steps you will need to take, including:

• Attending mediation with your spouse with a court approved family and child mediator to discuss reconciliation. If you cannot attend the mediation for any reason, you will be required to file an affidavit outlining the reasons why counselling is not suitable.
• After attending the mediation, you will then need to file a certificate completed by the counsellor with your divorce application.

There are special circumstances that may allow you to file an application seeking the court’s permission to proceed with the divorce within 2 years of the marriage.

Not always. In family law matters, there is no automatic 50/50 split of assets when couples separate. The process of dividing assets involves careful consideration of each party’s circumstances to ensure that assets are divided fairly.

In determining how the asset pool should be divided for family law clients, a court will consider:

1. The value of the property pool, including assets and liabilities
2. The contributions of both parties, including financial and non-financial contributions
3. The future needs of both parties, including their age, health, income earning capacity, if either party are required to care for children, etc.
4. If the division is considered just and equitable or if an adjustment should be made, with the goal of achieving an equitable settlement and a fair and equitable settlement for both parties.

No. divorce and property settlements are separate legal processes. You can begin property settlement negotiations as soon as separation occurs, without waiting for your divorce to be finalised. In fact, engaging in early dispute resolution can help resolve financial matters more efficiently and reduce stress and uncertainty.

Our family law experts in Sydney assist clients with early negotiations, dispute resolution, and mediation to reach fair agreements without unnecessary delays. We focus on achieving efficient resolution and resolving matters cost effectively for our clients.

When determining child custody arrangements, the objective is to determine what is in the child’s/children’s best interests. Parenting issues, such as decision-making responsibilities and where the child will live, are central to these discussions.

We also focus on creating fair and practical parenting arrangements that prioritize the child’s needs.

Under Australian law, the following will be considered:

• the benefit to the child/children of having a meaningful relationship with both of their parents; and
• the need to protect the child from physical harm, psychological harm, abuse, neglect, or family violence.

A Binding Financial Agreement (BFA) is a legal document that sets out how assets, property, spousal maintenance, and sometimes child support will be handled if a relationship ends. It can be made before, during, or after a relationship.

BFAs reduce the risk of costly disputes by clarifying financial arrangements upfront. Our Sydney family law firm drafts and reviews BFAs to ensure your interests are protected and the agreement complies with Australian law.

Child support is designed to ensure the wellbeing of a child is properly maintained and that both parents are meeting their financial obligations to support their child/children.

It should help cover expenses such as medical and health expenses, living expenses including food and clothing, education, and extra-curricular activities.

In order to determine who should pay support, a child support assessment will be made which will identify how much support should be paid and who is responsible to pay support to whom.

Child support payments usually end when a child turns 18 years old.

Yes. Under the Family Law Act, you can apply for a property settlement, or maintenance if:

• the de facto relationship lasted for at least two years; or
• you share a child as a result of the de facto relationship; or
• you made substantial contributions to the assets or the welfare of the family; or
• the de facto relationship was registered.

De facto relationships are recognised under Australian family law, and property settlement for de facto couples often involves legal proceedings. The legal process for property settlement in de facto relationships can be a complex process, especially when there are significant assets or other legal intricacies involved.

Each family law matter is determined on its own facts and merit, therefore it is important to speak to a specialist family lawyer at the earliest opportunity to discuss your unique circumstances.

There is a lot happening when a relationship comes to an end, especially if you are navigating parenting arrangements and property matters. However, one issue that is often overlooked during this stressful period is updating your estate planning documents.

What many people do not consider is that simply separating from your spouse does not invalidate your Will.

It is critical to update your Will immediately following separation, otherwise your former spouse may inherit everything if you pass away suddenly. You will also need to revoke any existing Enduring Powers of Attorney where you have appointed your spouse to the role.

Other issues that may need immediate attention include looking at jointly owned property or bank accounts and severing the joint tenancy for property.

If you have completed a binding death benefit nomination for your superannuation or life insurance, these will also need to be updated.