Divorce Lawyers Sydney
We understand that divorce can be a challenging and stressful experience for everyone involved.
Our team of divorce lawyers are committed to making the process as easy as possible for you. Whether you want to apply for divorce jointly with your former partner, or by yourself as a sole applicant, our divorce lawyers are here to help you with the legal aspects of ending your marriage, with sensitivity and professionalism.
What are the requirements for divorce in Australia?
Established under the Family Law Act 1975, Australia has a no-fault divorce system which means the only requirement for obtaining a divorce is that your relationship has broken down irretrievably. To satisfy this requirement, you and your former partner must have been living separately and apart for at least 12 months without interruption; and there is no chance of getting back together or resuming cohabitation.
In addition to the above requirements, you can apply for a divorce in Australia if either you or your spouse:
- Consider Australia as your permanent home or intend to live in Australia permanently, or
- Are an Australian citizen, or
- Live in Australia for 12 months immediately prior to filing for divorce.
If you are married and meet the above criteria, you can apply to the Federal Circuit and Family Court of Australia for a divorce with the assistance of experienced family and divorce lawyers in Sydney, Australia.
The required documentation for divorce application
To file your divorce application with the assistance of experienced divorce lawyers at Greigs Legal, you need to provide the following documents:
- Your marriage certificate
- The $990 filing fee (or $330 if you qualify for a reduced fee)
Depending on your situation, you may also need some additional documents, such as:
- An Affidavit of Service by Hand and an Acknowledgement of Service, if you are applying as a sole applicant and you have personally served your former partner with the divorce papers.
- An affidavit with further details if you and your partner have had periods of reconciliation or separation under the same roof.
- A translated marriage certificate with an affidavit if your marriage certificate is not in English.
- A counselling certificate if you have been married for less than 2 years.
Your application will be filed online through the Commonwealth
Attending court with divorce lawyers in Sydney
When both parties agree to the divorce and have no objection to the application being heard in their absence, a joint application can be filed. However, if a sole application is filed and there are children who are under the age of 18 from the relationship, attendance is required at the hearing. The registrar must be satisfied that the child is taken care of. A sole applicant must also attend the hearing if they could not serve the divorce documents to their spouse properly.
Remarriage after divorce
We recommend that you postpone your wedding plans until you have been issued with a Divorce Order. Our experienced divorce lawyers can guide you through the process and ensure a smooth transition.
You will receive the Divorce Order 1 month and 1 day after the court hearing. This official record of divorce issued by the court can be downloaded from the Commonwealth Courts Portal with the assistance of Greigs Legal, your trusted family and divorce lawyers in Sydney.
De Facto relationships and legal rights
A de facto relationship involves two unmarried people living together as a couple on a genuine domestic basis. De facto couples have the same legal rights as married couples. As a de facto couple, you do not need to go through any formal process to confirm that you and your partner have separated. If you require legal assistance or advice regarding de facto relationships, our team of experienced lawyers at Greigs Legal is here to help.
Division of Property, Parenting Arrangements, and Spousal Maintenance
Applying for a divorce is a separate process from determining the division of assets, parenting arrangements, child support and spousal maintenance. Our experienced family and divorce lawyers at Greigs Legal can provide guidance and support throughout these complex legal matters.
Time limits exist for property settlements following divorce and separation. You have 12 months from the date of divorce to commence court proceedings to determine the division of assets. De facto couples have 2 years from the date of separation to formalize a property settlement. Our team of dedicated divorce lawyers can assist you in navigating these timelines and ensuring your rights are protected.
At Greigs Legal, we strive to empower our clients to make the right decisions for their unique circumstances. We understand that every separation or divorce is different. Our affordable services are tailored to meet your specific needs.
Contact one of our experienced separation and divorce lawyers today for personalised assistance. Whether you are in Gregory Hills, Picton, Marrickville, Kogarah, or anywhere in the Sydney area, our team is ready to provide you with the professional guidance and support you need.
