Australian Divorce Lawyers - Family Law Solicitors

An Australian divorce solicitor who is a family law expert will deal efficiently with matters relating to dissolution of marriage, matrimonial violence, injunctions, separation, custody of children, abduction of a child, property division, cohabitation and financial claims on behalf of a spouse together with any children :-

• Family law covers a wide-range of areas including issues surrounding :

  
  
  • divorce
  • children
  • property division
  • financial issues

• Our family law solicitors are able to provide a free initial consultation (via phone, email or in person) and have the necessary expertise to advise you on :-

  
  
  • the legal implications of separation and divorce
  • creating formal agreements between partners
  • negotiating settlements between parties without having to go to court
  • mediation and alternative ways to resolve disputes
  • advice in relation to child support and spousal maintenance
  • negotiating pre-nuptial agreements
  • property advice for de facto couples
  • representing clients in matrimonial related court proceedings
  • representing victims of domestic violence
  • representing children in contested court proceedings
  • management and/or disposal of jointly held assets

Court Proceedings

While it is always open to you to act on your own behalf, not all Family Court or Federal Magistrates Court proceedings are simple and straightforward. Some, disputes over parenting or property matters can be quite complex and difficult from a legal perspective. We highly recommend that you consider consulting a divorce lawyer at an early stage, if you expect to be involved in Family Court or Federal Magistrates Court proceedings or if you are planning to separate. The Family Law Act 1975 operates on a "no fault" basis. This means that neither party has to establish that it was the other’s fault in order to be granted a divorce. In order to be granted a divorce, one must prove that there has been “an irretrievable breakdown of the marriage.” A divorce is also called a dissolution of marriage :-

• To apply for a divorce, an Application for Divorce is filed with the Court. Either party to a marriage can apply for divorce after they have been separated for a period of at least twelve months.

• It may be in some instances possible to live separately and apart within the same household, provided independent evidence shows that the marriage has broken down. Divorce applications are usually made in the Federal Magistrates Court or the Family Court.

• If you apply for a divorce together with your spouse, it is a joint application and you and your spouse are joint applicants. If you apply for a divorce by yourself, you are a sole applicant and your spouse is the respondent.

• When granting a divorce, the Court pronounces a Decree Nisi which becomes Absolute (final) in one month and one day.

• If you have been married for a period of less than two years, you will normally require a counselling certificate before applying to the Court for a divorce. The two years is calculated from the date of the marriage to the date of applying to the Court for a divorce.

• If you have children, the Court has to be satisfied that you have made proper arrangements for your children’s welfare before granting a divorce.

• Separate proceedings can be held to deal with parenting issues, child support and division or property/assets.

Legal Charges

Our specialist divorce solicitors give free initial advice on the telephone and provide a fixed price quotation or an hourly rate to deal with any subsequent matrimonial matters. It is usually possible to give a quotation for the initial dissolution of a marriage on an undefended basis but most other unpredictable legal work must be dealt with on the basis of time spent plus expenses. Our solicitors will provide full advance information of their anticipated charges in writing before any work commences.

Domestic Violence

In the case of domestic violence involving assault, requiring an emergency application for an injunction or a court order, our Australian divorce lawyers may be able to offer a same day service and an ‘ex-party’ application to the court. The defendant will not normally be notified in advance nor will that person be present at an emergency application before a judge, on an interim basis.

Relevant Information

Prior to seeing a family lawyer for advice, you may wish to begin preparing your case by gathering information and evidence. The types of questions and information that your lawyer may ask you in order to prepare your case include:-

• place and date of the marriage
• number of both previous marriages as far as is known
• place and date of birth of the parties
• last place of joint residence
• circumstances & date on which the parties separated
• date the matrimonial relationship was considered as terminated
• date the marriage relationship had irretrievably broken down
• dates of any period of resumption of cohabitation after any earlier separation
• details of any period of cohabitation after current separation commenced
• number of children of the marriage, if any, over 18 years old
• full name and date of birth of each child of the family under 18
• details of each child’s residence & living arrangements
• name & relationship of each person residing with the children
• income& assets of custodial parent
• arrangements for children including housing, maintenance, supervision, access etc
• information regarding the health of the children
• particulars of current court orders between the husband and wife
• particulars of any pending court proceedings
• if less than 2 years marriage whether parties have consulted a marriage counsellor
• whether the applicant was born in and has always resided in Australia and if not the following further information:-
  
  

  • if the applicant was born outside Australia, when the applicant came to Australia and whether the applicant came to Australia with the intention of residing permanently or merely for some other purpose and was then capable of acquiring a domicile of choice

  • if the applicant came to Australia with the intention of residing permanently, whether that intention has been fulfilled up to the date of the application and accordingly, whether domicile is established

  • if the applicant was born outside Australia whether the applicant has ever become an Australian citizen

  • if the applicant does not appear to be either domiciled in Australia or an Australian citizen, whether the applicant has been residing in Australia for the relevant period

Family Law Solicitors

If you intend to issue matrimonial proceedings you will need the help of a specialist divorce solicitor who will be able to give you clear advice on your legal rights and obligations and how to protect your future interests. If you would like free initial advice on the telephone, just complete and send the contact form or email our offices. If after talking to us you decide to proceed no further, you will not be charged for our advice.