Divorce Separation Lawyers Sydney

Divorce – What do you have to do to separate?

07/06/2021

In order to apply for and obtain a divorce in Australia the parties to a marriage need to have been separated for 12 months. After they have been separated for 12 months, a Divorce Application can be filed in the Federal Circuit Court of Australia. There is no requirement to register the date of separation. The Divorce Application cannot be filed before the 12 month period of separation has been achieved. If it is filed early the Federal Circuit Court will dismiss the Application.
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Making Sure your Children’s Best Interests are Protected – Making Sure each Child has a Relationship with each Parent – Our Recent Cases

30/03/2021

In two recent cases Watson & Watson Lawyers have resolved parenting disputes on behalf of the father of the children. One case was heard in the Family Court of Australia and the other was settled after a Mediation. In each case, unfair parenting arrangements (that were not in the best interests of the children) were overcome and proper parenting Orders were made and approved by the Family Court of Australia. In each case, the children were being prevented from seeing, communicating and spending time with one of their parents.
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Who Pays the Costs in Family Law? Can I Get the Other Party to Pay my Legal Costs?

02/03/2021

The legal costs of the parties in family law proceedings can be very significant and may need to be paid over an extensive period of time. Costs will be incurred in property matters and in parenting proceedings. It is not always the case that both parties to the proceedings have an equal ability to pay their legal costs. In many cases one party may have a superior financial income and can meet their costs while the other has a lower or no income and cannot meet their costs. This disparity can affect the manner in which proceedings are conducted and result in situations where there is procedural unfairness.
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Getting a Divorce – Do I Have to be Separated and How Do I Separate

22/02/2021

Divorce law in Australia is governed entirely by the Family Law Act 1975. A Divorce Order is an Order made by the Family Court of Australia or Federal Circuit Court of Australia ending the marriage between two people.
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Order for Divorce or Declaration of Nullity of Marriage – What is the Difference?

15/02/2021

There are certain situations where a successful Application could be made to the Family Court or Federal Circuit Court of Australia for a Decree of Nullity of a Marriage. There are other cases where the Application to the Family Court (or the Federal Circuit Court of Australia) will be for an order for Divorce and not for an annulment of marriage. An Application for Divorce and an Application for Nullity are not identical. The Court will not make a Declaration of Nullity if there is a valid marriage. If there is a valid marriage the appropriate Application to be made to the Court, is an Application for Divorce.
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I am a Grandparent – I am Not Getting Time to Spend with my Grandchildren now that their Parents are Separated

01/02/2021

The Family Law Act provides that children should receive adequate and proper parenting so as to help them to achieve their full potential and to ensure the child’s parents fulfil their duties and meet their responsibilities for the care, welfare and development of the child. One of the principles underlying this is to ensure that the children have contact, on a regular basis, with both their parents and with other people significant to their care, welfare and development.
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Short Marriages – Do You Come Out With What You Put In? Getting the Benefit of Your Contributions

19/01/2021

Watson & Watson recently successfully concluded a property dispute between two previously married people who both came into the marriage with significant assets - Watson & Watson acted on behalf of the husband.
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Property Disputes - When can I change the locks?

23/11/2020

In some family law matters one party will leave the matrimonial home and set up residence somewhere else voluntarily. The party remaining has the benefit of remaining in the home. In other cases there may be a refusal or unwillingness to relocate. There may be financial difficulties in funding relocation.
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Dealing with the implications of liability to pay capital gains tax on Assets and how that liability is to be paid as between the Husband and Wife?

21/09/2020

Watson & Watson acted for the husband in a property division case following a separation after a long marriage. The husband had received significant inheritances during the marriage and had been the primary wage earner. The wife had been the primary carer for the children who were by the time of the case, adult children.
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Family Court of Australia Supports Alternative Dispute Resolution – Introduction of Arbitrations and National Arbitration List

04/08/2020

Alternative methods of resolving Family Law disputes such as Mediation and Collaborative Practice are discussed on the Watson & Watson website. Arbitration is another alternative to pursuing a case in the Family Court from the beginning to the end. Judicial resolution of cases takes significant time, incurs significant costs and there are long delays for all parties involved in cases being heard before the Family Courts. These factors have resulted in people looking towards alternative dispute resolution methods.
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How Bankruptcy can affect the conduct and outcome of family law proceedings

27/07/2020

The Bankruptcy Act (Cth) 1966 sets out the law of bankruptcy in Australia. A person can become a bankrupt if they are unable to pay their debts as and when they fall due. A person may become a bankrupt because a creditor has served a Bankruptcy Notice and then filed and pursued a Petition for Bankruptcy in the Federal Court. A person can also present a Debtors Petition to the Insolvency in Trustee Service of Australia and become a bankrupt on their own application.
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Capital Gains Tax – Who has to pay the Tax?

20/07/2020

Capital Gains Tax is a tax payable on a capital gain. If a person sells a capital asset such as real estate or shares they will usually make a capital gain or a capital loss. This is the difference between what it cost you to acquire the asset and what was received on the sale of assets.
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Will the Family Court Look at Initial Contributions of a Party – Assets Brought by one Party into the Marriage?

13/07/2020

If a party brings real property or other significant assets into the marriage it is considered to be a very important contribution. Property bought into a marriage is called an initial contribution. The disparity in the comparable initial contributions by each party will be diminished by the length of the marriage or relationship or de facto relationship. In other words, the significance of the initial contributions to the outcome of property division after a lengthy marriage or de facto relationship will be less significant the longer the marriage or de facto relationship. The Family Court or Federal Circuit Court will not “reimburse” a party for the value of the assets that they brought in and then divide everything else. The Family Court or Federal Circuit Court will look at indirect contributions, contributions made during the relationship and post separation contributions. The decided cases show that the Court will balance contributions.
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The Matrimonial Home – Who Gets to Stay After Separation?

29/06/2020

The issue of who should leave and who should stay in the matrimonial home when the parties separate is a major and early decision. The long term consequences of the decision can influence who ultimately retains the matrimonial home on a final basis and changes the standard of living for the other. Some people can resolve the issue of who stays and who goes between themselves. Some people remain under one roof but separate within the household.
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Parenting Orders in times of Coronavirus – What if I Cannot Obey a Parenting Order?

08/06/2020

The current Coronavirus pandemic has had a dramatic and immediate effect on our way of life. Many people have in place parenting arrangements which may not be able to proceed and may make compliance with Court Order difficult or impossible to be carried out as they previously had. The new reality with Court Orders: When a Parenting Order has been made each person affected by the Order must comply with the Order. If the Orders are not being complied you should seek legal advice.
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Making sure your Property Settlement is Final

27/04/2020

Separating couples when attempting to achieve a property division need to ensure that any settlement they reach and the transactions and transfers that take place in the course of the settlement are full and final and cannot be overturned in the future. They also want to be sure that there can be no further future claims. It is inadvisable to divide property and not document that division of property properly as a failure to document or obtain Court Orders can lead to future claims or the possibility of challenges to the transactions being made in the future.
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Parenting Orders – What Happens When You Cannot Comply with the Orders

21/04/2020

Parenting Orders are orders that deal with parental responsibility, where children live and what time they spend with each parent and other significant adults. Orders are made in relation to changeover, places and time, educational, medical issues, travel and many other specific issues.
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Opinion Evidence required to be given in accordance with the Evidence Act

15/04/2020

Watson & Watson Solicitors are engaged and act in many areas of Law which require Opinion Evidence to be provided. In many areas of dispute there is a requirement to provide Opinion Evidence.
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No Contributions Can Result in no property division – The Case of Babray

30/03/2020

A recent case determined by the Federal Circuit Court of Australia highlights the need for a party who seeks property division to have made contributions. Just being married or in a de facto relationship does not guarantee a property settlement.
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Parenting Applications – Family Dispute Resolution – Case Dismissed for Non Compliance

23/03/2020

The Family Law Act requires parents who are in dispute in relation to children to make a genuine effort to resolve the dispute by participating in Family Dispute Resolution. The dispute resolution procedure must be attempted before any proceedings can be commenced in the Family Court or Federal Circuit Court. If an agreement can be reached the agreement is used as a basis for the Parenting Plan or Consent Orders that can be approved and made by the Family Court.
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Mediation can deliver – Get the result without going to Court

18/03/2020

The first questions commonly asked by people who have separated and want to know how they can resolve division of their property and assets, parenting issues or just get divorced are usually: • Will I have to go to Court? • How much will it cost? • How long would it take?
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Expert Evidence Important in Family Law Matters to prove Options for example Valuations, Medical Issues and best interest of Children

06/03/2020

The experienced solicitors at Watson & Watson have been involved in countless cases requiring proof of matters of opinion. Opinion evidence is separate and distinct from evidence as to facts.
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Thinking About Separating - What Can you Do and What Should you do to Protect your Long Term Interest

08/10/2019

Deciding to separate from your spouse or partner of many years can be a difficult decision. Shared financial arrangements cannot be separated overnight. Situations develop where one spouse/partner might care for the children while the other spouse/partner may manage the family financial affairs. You could find yourself in a situation where you do not have any information about your own including your spouse or partner’s financial situation and you may have no control or a secure income for yourself. You need to protect yourself.
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Divorce or Annulment of Marriage – What is the Difference – When Will the Court Annul a Marriage

18/09/2019

The Family Law Act 1975 (Section 48(1)) provides that for a Divorce Order in relation to marriage shall be made on the grounds that the marriage has broken down irretrievably and this will require the spouses to have been separated for at least 12 months. An order for Divorce made on the basis that there was in existence a valid marriage. That is not the case with annulment of marriage.
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Property Cases – When a Gift Becomes a Loan - When a Loan Becomes a Gift

03/06/2019

A recurring issue in Family Law property cases is the characterisation of moneys paid by someone who is not the husband or the wife to the husband and/or wife before or during a marriage. A common example is moneys paid by the parents of one of the parties to a marriage to allow purchase of real estate. In other words, the parents of one of the parties pay moneys to them to help purchase a home.
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Partners Operating a Small Business –Avoid Appointment of Receiver and Manager

01/05/2019

Often one or other partner to a marriage or de facto relationship operates a business either a small business or a larger business. Sometimes one and sometimes both the partners to the relationship are involved in the business.
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Family Law in Australia – Time Limitations and Preconditions for Commencement of Proceedings in the Federal Circuit Court of Australia and the Family Court of Australia

12/03/2019

The Family Law Act 1975 (Cth) provides that a Court will be able to grant a divorce if there has been an irretrievable breakdown of marriage. There are significant preconditions and timeframes which apply to the commencement of an application for a divorce.
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Divorce or Nullity - When will a marriage be declared to be a nullity

11/07/2018

The Marriage Act of 1961 (Cth) sets out the law in relation to what is a “valid” marriage.
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About to Separate - Practical Steps to Prepare for Separation

21/05/2018

Having had decades of experience advising in family law the Senior Lawyers at Watson & Watson have seen the adverse effects of taking action or not taking action. Consideration must be given as to the immediate effect and the long term effect of whatever action you take. Like most things proper consideration and careful planning will assist and lessen the distress and trauma in this very difficult period in one’s life.
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Your Last Will and Testament - Is it Affected by Marriage or Divorce?

27/03/2018

The effect of marriage or divorce on your Will varies depending on the laws of which State of Australia apply.
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Think Before You Post – Social Media Postings and Family Law

20/02/2018

In the last few years it has become increasingly common in matters coming before the Family Court of Australia and the Federal Circuit Court of Australia to use social media postings such as Instagram, Facebook and Twitter as evidence; this may be helpful but can also be harmful.
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Think of the Benefit, the Detriment and the Cost of Extensive Litigation, Debate or Interlocutory Application - Not all debates or applications to the Court are cost efficient

06/01/2018

It is often not the time to make serious decisions when you and your partner are affected by such overriding emotions. However it is appropriate to obtain legal advice from experienced Lawyers as to your circumstances, alternatives and options available.
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Consent Orders dealing with property matters following breakdown of a De Facto relationship or Marriage – Do they survive a rekindling of the Relationship

25/07/2017

In a recent case of Waterman in 2017 the Full Court of the Family Court considered this aspect amongst others issues that arose. We have elsewhere dealt with different matters referred to in the Waterman case in particular the effect of the failure of one party to provide full financial disclosure and the disastrous consequences of such failure.
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Consent Orders of No Use If They Can Be Set Aside

18/07/2017

A recent case of Waterman decided by the Full Court of the Family Court in 2017 is a very good example of how the parties to the marriage can end up with very little and the lawyers end up with the greater “slice of the cake”.
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Foreign Marriage declared invalid by Family Court due to One Party being under Age

11/07/2017

In the case of Eldaleh (2016) a Judge of the Family Court of Australia (Family Court) heard an application filed by Mr Eldaleh who was seeking a declaration that his marriage to Ms Eldaleh which took place in the Middle East in 2016, was a valid marriage pursuant to Section 88D of the Marriage Act 1961 (Cth) (the Marriage Act).
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Separating Couples Property Settlement – Pre-action Procedures and Financial Disclosure

11/08/2016

The Family Law Act and the Courts have a system that requires separating couples to participate in pre-action procedures to attempt to resolve the dispute or narrow the issues of the dispute. These procedures need to be carried out prior to the parties commencing proceedings in the Family Court of the Federal Circuit Court of Australia.
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Relevant Court in Family Law Matters - New Zealand or Australia?

14/07/2016

Watson & Watson often receive enquiries and provide advice in relation to whether proceedings should be conducted in Australia or in other countries throughout the world. There are advantages through some jurisdictions and disadvantages in other jurisdictions, depending upon what issues are in contention and what is the factual matrix of the relationship and financial matters.
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Dividing Matrimonial Property - Family Trusts – How are they dealt with?

08/01/2016

On many occasions Watson & Watson who are experienced Family Law Lawyers are approached by parties involved in distribution of property following breakdown of their marriage or de facto relationships. Questions arise as to how the Family Court will deal with property held by a Trust. The Court deals with the issue depending on the exact nature and circumstances of the Trust.
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Expat – Australian – working overseas – what is the best course to adopt; which court to hear my case

26/10/2015

Regularly Watson & Watson experienced family lawyers, Sydney receive enquiries from expats working overseas or from a spouse or partner.
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Offers of Settlement Underutilised – Important Option – Almost never too early to make an offer

09/07/2015

The importance of properly considering offers made to you and properly considering offers to be made by you to the other party to resolve either particular issues or the whole of proceedings between the parties.
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Legal Costs in Family Law matters – who pays?

02/07/2015

In cases decided under the Family Law Act the general principal is that the Court does not make an order that one party to the proceedings will pay the other party’s costs of the proceedings. Usually each party is to pay their own legal costs. However, there are exceptions to this general principal. Section 117 of the Family Law Act provides the circumstances in which the Court may order one party to pay the other party’s costs.
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How do we get Divorced?

19/07/2014

To formally end your marriage you must apply for a divorce. This is only one step in the process of ending a marriage.
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Separation under the same roof

21/05/2012

Often parties separate under the same roof and for many reasons neither party wishes or is able to leave the home. Often one or both of the parties find the position intolerable and often it is not in the best interest of any of the parties or the children. However, often the two parties maintain the position that neither will leave. It is difficult to obtain an appropriate order for one party to leave the home but it is available. Negotiation is also difficult.
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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.

How to File for Divorce under Divorce Law

What is Considered 'Separation' in Divorce Law?

Divorce & Separation FAQs

Related Cases & Articles

Divorce & Separation Lawyers