Divorce

Obtaining a divorce or ending a relationship can often be an emotional experience – especially when children are involved. Our divorce lawyers provide not only professional family law advice on your rights and obligations, but also guidance during this difficult period. We can prepare and file a divorce application for you quickly and cost effectively. We can also advise you on your legal rights and responsibilities in relation to child custody and the financial property settlement.

Although divorce and separation are often one and the same, divorce only relates to married couples. The concept of separation applies to all couples and is also a broader concept that covers more than just the act of separating or the breakdown of the relationship.

It must be noted that when applying for a Divorce NSW laws are the same as other states; with the exception of Western Australia, all other Australian States are subjected to the same Family Law Act, which is a Commonwealth law.

There are certain preconditions that must be met before a divorce can be applied for by married couples.  Also, a divorce must be obtained to bring an end to a marriage, at law. When de facto or same sex couples separate, there is no legal requirement to obtain a Court Order to officially end the relationship.

What is relevant in all matters is whether the parties to the relationship have property that needs to be divided and/or children to the relationship. The obligations and rights of parties to any relationship are essentially the same and in relation to married couples, an official divorce does not have to be applied for or granted prior to parenting and property matters being determined.

Upon separation, it is advisable to obtain legal advice from a divorce lawyer to understand your rights and obligations and, where relevant, important strict time requirements. Our divorce lawyers Sydney and NSW will be able to assist you in preparing the divorce application, filing the application and appearing at the hearing before the family law division of the Federal Circuit Court to ensure that the divorce application is successful.