Family Lawyers Sydney
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Frequently Asked Questions
How long does it take to get a divorce?
If everything is agreed, the divorce process is usually around four months from the time we file your application to the final order.
However, many divorcing couples are also dealing with property division and parenting issues. Finalising these things can slow down the parties’ progress.
Once we understand your circumstances and requirements, we’ll be able to give you a more accurate estimate about how long it will take.
What requirements must I meet before I can get a divorce?
Before you can apply for a divorce, Australian law requires you to demonstrate:
– Your marriage is valid
– You have separated for at least 12 months
– There’s no hope of reconciliation
How much does it cost to get a divorce?
The court’s fee for filing a divorce application is $910. You may have legal costs for other issues, for example, making parenting arrangements, or expert reports and assessments.
Once we understand your circumstances, we’ll give you a written fixed cost and outline payment options.
Who pays for a divorce?
If you’re the person applying, usually, you’ll pay the filing fee. If your former spouse agrees, you can share the costs. Lawyers’ fees are an extra cost. We’ll give you advice how to manage these expenses.
Do I need proof of divorce?
In some situations, you’ll need to have proof of your divorce. For example, if you’re getting married again, you’ll need to show your divorce order to your marriage celebrant.
Does divorce automatically happen after 12 months of separation?
No. After 12 months of legal separation, you’re eligible to divorce if you satisfy all the other requirements.
You must make a formal divorce application to start the process.
If I got married overseas, can I get a divorce in Australia?
You can divorce in Australia if Australian law recognises your marriage as legal, even if you were married overseas.
How do I divorce my same-sex husband or wife?
Marriage equality is legalised in Australia. Same-sex couples can divorce under Australian law. They must follow the same process and meet the same requirements as opposite-sex couples.
How do I choose a divorce lawyer in Sydney and NSW?
Having a good family lawyer is an excellent first step in getting the outcome that’s right for you. We recommend a lawyer who:
– Makes sure they understand your situation and wishes
– Uses plain language when communicating with you
– Explains the legal concepts
– Is experienced in similar family law issues
We offer a free first consultation so you have the opportunity to work out whether we’re suited.
What documents do I need to bring to my first meeting with my lawyer?
You’ll need to bring a copy of your marriage certificate and ID documents. When you make your appointment, ask us what other documents you’ll need to bring.
My former spouse has been charged with a criminal offence. How will this affect my divorce?
In Australia, we have no-fault divorces. In other words, even if your spouse has an affair, it’s not a criminal issue. However, if at the time of your divorce, your spouse is involved in a separate criminal law case, it may be relevant if there’s a child custody issue.