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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.
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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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