Whether you are in the process of getting a divorce or have questions about the future of your marriage, consulting a divorce lawyer can give you much-needed answers to your questions, as well as any legal assistance that you may require. Divorces can seem like a never-ending ordeal, especially if your marriage does not end amicably. With the best divorce lawyers in Sydney, you can start planning your future, safe in the knowledge that your rights and best interests will be fully represented.
Do I Need a Lawyer to Get a Divorce?
No, you do not need a lawyer to get a divorce in Australia, however, as you read on, it will become apparent that you will probably still wish to seek out legal advice from a specialised divorce lawyer in most cases.
If your divorce is straightforward and you do not wish to use the services of a divorce lawyer, you can file an application for divorce using the forms available online. You can find out more information at the Australian Government’s Family Relationships Online Portal.
You should bear in mind that your subsequent divorce order will only cancel your marriage. It will not include any arrangements about your children or finances. In fact, you will need to have made proper arrangements for any children under the age of 18 years old before a divorce can be granted.
Property orders can be made during or up to 12 months after your divorce. It is recommended that you seek legal advice to ensure that your interests are protected and you have a plan should your divorce become contentious. Once the financial reality of a divorce becomes apparent, even the most amicable split from a failed marriage can suddenly turn nasty.
Can Divorce Be Denied in Australia?
If you want to divorce your partner but they do not wish to end the marriage, you can still get divorced despite your partner’s refusal. In Australia, both parties are not obligated to sign the divorce order, you will, however, need to serve the other party with a pending application for divorce. To ensure that this is done correctly and to deal with their potential response that the divorce should be dismissed, it is recommended that you seek legal advice from your local divorce lawyer.
How Long Does a Divorce Take?
A straightforward divorce in Australia can be granted by the courts in as little as four months. However, this relies upon you having all of the correct paperwork and correctly completing your application. As stated earlier, if there are children under 18 years old, this can complicate matters. What’s more, the divorce itself does not take into account your financial, asset and property division.
Each divorce will differ in time depending upon the specifics. As you will need to start your financial and property proceedings within 12 months of your divorce, you may prefer to employ a specialised divorce lawyer to deal with your entire divorce from start to finish. This will ensure that your documents are sent in a timely manner and that you have a better understanding of what you are entitled to in order to better negotiate with the other party.
Should negotiations break down and you end up going to court, you will already have your divorce lawyer ready to represent you and well versed in every aspect of your case.
How to Choose the Best Divorce Lawyer in Sydney
As divorce can give rise to a lot of problems, especially when it comes down to splitting assets and deciding who gets the house when you divorce, you’ll want to choose the best divorce lawyers in Sydney to ensure that your best interests are robustly defended.
- Find an Experienced Divorce Lawyer – an experienced divorce lawyer will help you to negotiate better and use your legal budget more effectively.
- Reputation – the best divorce lawyers will come with recommendations from divorced acquaintances.
- Research – while it is important to get advice as soon as possible, research potential divorce lawyers thoroughly online before coming up with a shortlist to contact.
- Make Contact – how are your calls handled? Are they promptly returned? Do you feel confident and comfortable speaking to your divorce lawyer? This is possibly going to be the most emotionally wrought period of your life, so make sure that you choose a lawyer who you feel you can work with comfortably to assure your future.
Ways to Keep Your Legal Fees Down When Divorcing
- Consult a divorce lawyer early on – the earlier you get the best divorce advice for your circumstances, the sooner you can act upon it. Undoing earlier mistakes can be expensive and take extra time.
- Mediate with the other party on children’s issues after seeking legal advice. Put your emotions to one side and consider what is best overall for your children. Try to reach an agreement with the other party on your children’s custody and upkeep agreements. Do this separately from any property agreements.
- Narrow down the contentious issues and try to negotiate an agreement for everything else. If you end up going to court, it will be much cheaper and quicker to focus on one or two issues rather than your entire settlement.
- Be prepared, organise your own documents as much as possible and enlist the services of junior members of your legal team (i.e. the cheapest) for simple tasks where there is clear agreement. Use senior partners for areas where there is a lot of money at state.
Summary
Preparing to divorce, even amicably, is never an easy task. Make sure that you prepare for every eventuality and seek out professional legal advice. The specialist team of experienced Sydney divorce lawyers at Maatouks Law Group can assist you in all aspects of your divorce, including child custody and support, property settlement, spousal maintenance and asset division. Our professional family law team is here to simplify the procedure and to make sure that you have the very best legal advice to ensure your divorce allows you to progress to a happier future.
