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Divorce & Separation
Divorce & Separation
Nearly a third of all marriages in Australia end in divorce. Although going through divorce is never easy, the legal side doesn't have to be as difficult. Watson & Watson's divorce lawyers have helped countless families separate amicably, enabling them to get on with the next stage of their lives.
Divorce is the term used for the legal dissolution of a marriage between 2 people. Filing for divorce does not involve the legal process of dividing assets such as property or spousal maintenance, nor does it relate to child custody matters.
The actual legal process for applying for a divorce is relatively straightforward. Although you may believe you don't need a divorce lawyer, there are a number of statutory requirements that need to be met. Our divorce lawyers make sure your application is in the right form, appropriately signed and witnessed, with the right affidavits and certificates.
It is important that you note the effect that your divorce can have on your children. During this difficult time, let our divorce lawyers take care of the legal matters, giving you more time to focus on your children.
Watson & Watson Divorce Lawyers can also assist you with family law matters dealing with partnerships, trusts and companies.
Call Watson & Watson Divorce Lawyers Sydney CBD on 02 9221 6121 or click on the blue boxes (below) to read more about Divorce Law, Filing for Divorce & Separation:
How to File for Divorce under Divorce Law
All divorce applications in Sydney are handled by the Federal Magistrates Court and for the divorce application to be valid, the court must be satisfied that the following criteria have been met:
- Proof of Marriage via an original or certified copy of your marriage certificate.- There has been a period of 12 months of separation.
- Application for divorce has been served to other party at least 28 days prior.
- Any children from this relationship are appropriately cared for.
Once the court is satsified that all the criteria have been met, it will grant an order for divorce which takes effect one month after the order is made. The Court will then send out a Certificate of Divorce.
What is Considered 'Separation' in Divorce Law?
The court requires a 12 month period of separation for a divorce to have occurred prior to filing the divorce application.
Often, couples will choose to remain living in the same home for the sake of the children. Under current legislation; it is possible for a separated couple to "live apart" under the same roof. Our divorce lawyers will make sure you meet all the requirements and have the right evidence of separation before filing for divorce.
Beyond the process of filing for divorce, there are many factors to be resolved in any relationship breakdown. Our divorce lawyers can advise you on the division of assets & property settlement, spousal maintenance, child custody (contact & times with children) and if required, provide legal representation in the Family Court of Australia.
If you have decided to file for divorce, or would like some legal advice relating to the legal process of filing for divorce, please call Watson & Watson, Divorce Lawyers Sydney CBD on 02 9221 6121.
Divorce & Separation FAQs
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Divorce & Separation Lawyers
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Dennis Grant - Senior Family Lawyer
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Richard Watson - Principal Family Lawyer
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