Divorce

Divorce is a difficult situation for all parties involved, and this is only heightened when you need to consider issues such as the division of finances and those relating to the care and custody of any children from the relationship. Our expert lawyers are empathetic to the needs of our clients in such circumstances and appreciate that going through the process of divorce will inevitably be both stressful and emotionally challenging. At Bateys Law, we assist and guide you through the entire process to ensure the desired outcome for you and your children. Our expert family law team can represent you throughout your whole divorce and prepare all relevant documentation as well as attending court as your representative. If you are considering getting a divorce, or have already started the divorce process, Bateys lawyers can help you start preparing for your future. Contact South West Sydney’s most reputable family law firm today for friendly and straightforward legal advice.

What is a divorce?

Divorce is the dissolution of the legal bond of a marriage between a husband and wife. This severance of a legal relationship means that both parties are no longer legally bound to each other’s commitments. Since 2009, de facto couples in Australia have had the same rights as married couples and so the same rules for divorce apply to them. The courts will examine the characteristics of the relationship to determine whether it is truly a de facto relationship.

The effect of a divorce is clearly defined and it does not:

• Determine the distribution of the assets of the marriage – this is covered under property arrangements, and it does not;
• Determine the custody or living arrangements of any children – this is done under parenting arrangements.
  

If you’re confused about the process, you’re not alone. At Bateys Law Firm, our professional family law team will assist you with your divorce application to ensure that the timing is appropriate so you do not jeopardise what is rightfully yours in your property settlement. We will also ensure that the appropriate steps are made to ensure that you get to spend time with the children.

What is the process for divorce?

In Australia, we have a no-fault divorce process. All that is required is that the marriage has irretrievably broken down and this is evidenced by separation for a period of at least 12 months. At least one party must regard the marriage as over and the other partner must have been told this. It is possible to be separated but living in the same house so long as it can be proved that you were separated during this period. This is known as “separation under the same roof”.

Couples that have been married for less than two years are required to attend counselling to determine whether a reconciliation is possible. Where counselling fails, a signed certificate from the counsellor must be attached to the divorce application. If they do not attend counselling, then an application has to be made to the court to apply for a divorce.

Once the separation period has been satisfied, an application for divorce must be filed together with the payment of the necessary filing fees. Our family lawyers can explain and assist clients throughout the whole process with regular contact to keep you updated on what is happening.

The divorce is normally granted approximately eight weeks from the date of filing, depending on court availability. After the Court has approved your divorce, it takes one month and a day for it to become effective, after which the court issues a certificate of divorce.

Time limits for divorce in South West Sydney

The time it takes for a divorce to be finalised will depend on the individual circumstances of the case. You must wait for a divorce to be finalised before you can remarry.  It is often better to delay your divorce until your property has been dealt with as you only have 12 months from the divorce date to finalise your property division and/or spousal maintenance. Once this period has passed, it is necessary to get the leave of court which is a difficult and complicated process that can be both lengthy and costly. Bateys Law Firm can assist with the timing of both these matters to ensure that your personal needs are satisfied.

For de facto relationships, the time limit is two years from the date of the relationship ending for any financial claim to be made.

Contact our expert Divorce Lawyers in Revesby, NSW today

At Bateys, our dedicated team of family lawyers offer first-class divorce and separation advice to our clients, supporting them through every difficult decision.  Our empathetic divorce solicitors will ensure that all legal issues surrounding your case are meticulously handled, in addition to negotiating the best possible outcome for you and your family.

Do not delay and get in touch today to see how Bateys lawyers can help. Call us on 02 4708 9507 or complete our online contact form.