Australian marriage law dictates that to remarry after divorce, you and your spouse must have lived separately and apart for a period of 12 months post-divorce. There must also be no reasonable likelihood that you and your former spouse will resume remarried life. If you’re looking for an experienced divorce lawyer, please get in touch with us today.
We make accessing our family law services easy, transparent and reliable, so that your experience with us feels complete and assured. In Australia, you can apply for divorce on your own (sole low cost legal aid canterbury application) or you can file for divorce with your spouse (joint application). If you are submitting a joint application, then you are not required to go to court. When looking for a divorce or family lawyer in the Canberra region, check out our list of the best local businesses below. Until one of these three things happen, property matters are not finalised, and either partner can apply to the Court for a property settlement. You’ll find our family law specialists at Level 5, 299 Elizabeth Street, Sydney NSW 2000, right in the thick of the city’s legal and business district.
You might also be struggling with emotional impacts like feelings of loneliness or isolation. Each of these requires expert advice and guidance to see you getting the best outcome for your situation. Most people assume that a 50/50 split is entitled to them but there are a number of factors that go into determining the split. It is best to speak with your lawyer to understand exactly how and why your assets may be split unevenly before entering the divorce process. The timeframe starts when you file your application and ends when a Divorce Order is issued by the court. The experienced team at BDN Lawyers can help you navigate through the sensitive and complex nature of divorce and separation.
If, however, the period of reconciliation lasts for more than three months, then the previous period of separation will not “qualify” towards the 12 month period, and the clock will start “ticking” afresh. In most cases, separation is “clear cut”, in that one person usually leaves the matrimonial home at or almost immediately after the communication of the separation between the spouses. However, it is not uncommon for parties to separate yet to continue to remain living “under one roof” i.e. living together but not as spouses on a genuine domestic basis. This is why the Divorce Application itself involves quite a lot of detail regarding the children’s living arrangements, health, education and general welfare.
We can also provide you with all the information you need following the breakdown of your relationship or marriage with your former partner at a reasonable cost. Carew Counsel Solicitors is a highly regarded family law practice in Victoria. They specialize in family law, including divorce, child custody, and intervention orders. For businesses, their team has a deep understanding of, and experience in, the full range of a business’s legal needs.
Section 55A of the Act provides that the court needs to be satisfied that if there are children under the age of 18, that proper arrangements have been made for the care, welfare and development of the children. This may be by way of court order, parenting plan or informal agreement. If you would like to apply for a divorce but have been married for less than two years, you must attend counselling to discuss the possibility of reconciling with your spouse. Alternatively, you can seek the permission of the court to apply for a divorce without attending counselling, by filing an affidavit with your divorce application. We can draft the divorce application and supporting affidavit for you.
As a lawyer dual qualified in Australia and England, David has expertise in the resolution of international family law matters. FJS Lawyers provided us with professional legal services in our time of need. They are easy to deal with and certainly go that extra mile to ensure clarity on the complexed world of legal affairs. We have no hesitation in recommending this friendly, highly professional team should you be in need of legal guidance.
Caroline, who practices law in Melbourne, Australia, has been recognized since 2022. This recognition is based on an exhaustive peer-review survey, reflecting the high esteem in which Caroline is held by other top lawyers in the same geographic and legal practice area. Robert Feiner is a top attorney recognized by Best Lawyers in the practice area(s) of Commercial Law, Corporate Law, Equity Capital Markets Law and Mergers and Acquisitions Law.
Infinity Legal offers a wealth of experience in all matters relating to Family Law. They have resolved countless matters, equipping them with the knowledge and prowess to expertly navigate every family matter, no matter the complexity. They are committed to providing their clients with the best possible legal advice and representation. With excellent client feedback, Calley Rajah is a highly recommended family law specialist.
In that branch of law it handles numerous cases including divorce, spousal maintenance, parenting orders about child support and financial agreements. To learn more about the firm, visit its website or contact its team directly. You could struggle to navigate the legal process, leading to unfavorable outcomes in matters like child custody, support, or asset division. Without proper legal guidance, you might miss important deadlines or fail to present your case effectively, resulting in unfair settlements or agreements. A family lawyer helps protect your rights, ensures fair treatment, and works to achieve the best possible outcome for your family situation.
Partner and Legal 500 Recommended Lawyer Sophie Read is an expert in Family Law. With 15 years of experience as a divorce solicitor, she takes instructions within divorce, financial settlements, private children matters, cohabitation/separation agreements and nuptial agreements. Known for her expertise in several matters, she has helped clients in numerous Children Law issues, including international relocation. As a trained Collaborative Lawyer, she prefers to focus on constructive and conciliatory processes to resolve disputes. However, should these not offer any promise, she is a capable and professional advocate.
Whether you seek a swift resolution, expert advocacy, or a clear understanding of your legal rights and responsibilities, we are here to assist you every step of the way. Depending on your situation, you might be considered separated under one roof - this means you and your spouse have separated but still live in the same home. If you wish to file for divorce while still living together, an affidavit is also required.
When engaging us, you can also connect with us online, by telephone, or by email. We are committed to ensuring high quality customer service so that your family law experience with us is seamless. The knowledgeable team at FGD understand that what they do has an impact on you and your family’s life, so their focus is to find the best possible outcome that suits their clients circumstances. Farrar Gesini Dunn (FGD) have been operating for more than 20 years and have a wealth of experience in family law and divorce. It is essential you formalise any agreement that you and your partner reach about a property settlement, because until it is formalised, you cannot be certain that the property you are left with is yours and yours alone.