Divorce Lawyers in Sydney

The divorce process can be a tumultuous journey. This is where our team of divorce lawyers comes in, offering expertise and support when you need it the most.

The Importance Of Hiring A Divorce Lawyer For A Smooth Process

Divorce marks the official ending of a marriage. Australian law mandates this process to be regulated through the Family Court under the Family Law Act. To apply for a divorce, you must prove an irretrievable breakdown of the marriage. This is the only ground for applying for a divorce, under Australian law. Furthermore applying for a divorce here, separation from marriage needs to be established for at least a year, and it can be lived under one roof. While you can apply online and pursue a divorce online, having an experienced divorce and family lawyer, guiding you through the divorce process can be of invaluable assistance. A legal professional can ensure your divorce application aligns with the rules and regulations of the Family Law Court, avoiding the potential pitfalls of divorce proceedings.

The Importance Of Hiring A Divorce Lawyer

Divorce marks the official ending of a marriage. Australian law mandates this process to be regulated through the Family Court under the Family Law Act. To apply for a divorce, you must prove an irretrievable breakdown of the marriage. This is the only ground for applying for a divorce, under Australian law. Furthermore applying for a divorce here, separation from marriage needs to be established for at least a year, and it can be lived under one roof. While you can apply online and pursue a divorce online, having an experienced divorce and family lawyer, guiding you through the divorce process can be of invaluable assistance. A legal professional can ensure your divorce application aligns with the rules and regulations of the Family Law Court, avoiding the potential pitfalls of divorce proceedings.

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What are the Benefits Of Hiring A Divorce Lawyer

Navigating the course of divorce can be overwhelming. From property settlement to parenting arrangements, a divorce lawyer’s expertise can help streamline the entire process and avoid unnecessary conflicts.

Assisting with Property Settlement

The division of assets is a significant part of the divorce process for married couples. From the family home to shared investments, a property settlement agreement is crucial.

An experienced divorce lawyer can assist you in navigating the often complex Australian family law, regarding property distribution. Their in-depth understanding of the Family Law Act ensures you’re not disadvantaged and that all assets, including those accumulated during the marriage, are equitably divided.

Providing Financial Support Guidance

Financial matters often become a point of contention in divorce proceedings. Issues of alimony, child support, and other financial obligations need to be addressed.

A divorce lawyer can offer necessary guidance, ensuring all financial support matters are handled fairly. Their expertise can help prevent situations of financial hardship that could arise from poorly managed divorce settlements.

Formulating Parenting Arrangements

When children are involved, divorces can become especially complex. The best interests of the children aged the spouse and the children should always take precedence.

A divorce lawyer can advise on parenting arrangements and help formulate a detailed parenting plan. This includes decisions on custody, visitation rights, parenting matters, time limits, and other essential aspects of co-parenting. Lawyers can also help with the intricacies of parenting orders and make sure they are in the children’s best interests.

Mediating and Negotiating for Fair Arrangements

In the heat of the divorce process, communication with an ex-partner or former partner can become strained. This is where a divorce lawyer steps in as a crucial mediator. They can negotiate on your behalf with the other party, promoting open and fair communication to reach proper arrangements for living arrangements together. A divorce lawyer can advocate for your rights, ensuring a just outcome that respects your legal rights under Australian law.

Handling Divorce Applications and Family Court Proceedings

Filing divorce applications and navigating court proceedings can be stressful. By hiring a divorce lawyer, you are enlisting a professional who understands the ins and outs of the Family Court of Australia and the Federal Circuit and Family Court.

They can guide you through the process, prepare all necessary paperwork, and represent you during a divorce hearing. Divorce doesn’t have to be a battlefield. With the right legal guidance, you can navigate this challenging time with dignity and grace. Reach out to a trusted divorce lawyer today to start the process.

How to Avoid Costly Mistakes With A Divorce Lawyer

The nuances of divorce law can be complicated, and without the right legal counsel, you risk making costly mistakes. Whether you’re an Australian citizen or you’ve established Australia as your permanent home, it’s crucial to get legal advice regarding your divorce.

Understanding International Divorces

Marriages conducted overseas can add an extra layer of complexity to a divorce application. According to Australian law, a foreign marriage is recognized if at least one spouse regards Australia as their permanent home or is an Australian citizen at the time of application. However, legal advice becomes paramount when understanding the unique factors affecting an international divorce. These can range from issues related to marriage certificate validation, understanding the divorce laws of the country where the marriage took place, and how these laws might interact with the Family Law Act of Australia. An experienced divorce lawyer can guide you through these intricate processes, ensuring your rights and interests are protected under Australian law, no matter where your marriage took place. Whether you were married overseas or your marriage broke down while living abroad, an experienced divorce lawyer can help navigate the challenging terrain of international divorce.

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Navigating De Facto Relationships

De facto relationships can also add a level of complexity to the divorce process. Under the Family Law Act, a de facto relationship exists when two individuals live together on a genuine domestic basis, but they are not legally married to each other or related by family. The determination of a de facto relationship considers several factors, such as the duration of the relationship and the extent of shared residence. In the context of a divorce, matters involving de facto relationships can be complex, especially concerning property settlement and children’s issues. Here, a divorce lawyer’s professional advice is essential to help navigate the nuances of the Family Law Act as it pertains to de facto relationships. Legal advice is not a luxury, but a necessity in divorce proceedings. Not only does it provide you with the necessary guidance throughout the divorce process, but it also helps to avoid potential pitfalls and costly mistakes. Seek the counsel of an experienced divorce lawyer to first obtain legal advice and ensure a fair and just resolution of your divorce case.

FAQs About Divorce Law

Can I apply for a divorce in Australia if I was married overseas?

Yes, you and spouse can apply for a divorce in Australia even if you and spouse were married overseas. As long as you or your spouse regard Australia as your permanent home, your divorce order from foreign marriage will be recognised by a court under Australian law.

What is the divorce process in Australia?

The divorce process in Australia involves filing a divorce application either individually or as a joint application with your spouse. The application must be filed at the Federal Circuit and Family Court and involves a court fee unless you’re eligible for an exemption due to financial hardship. Once your application has been processed, a divorce hearing date will be set.

What is a de facto relationship under Australian law?

A de facto relationship is defined under the Family Law Act as a couple living together on a genuine domestic basis without legal marriage. The court will look at joint application of several factors to determine if a relationship is indeed de facto.

How can a divorce lawyer help me?

A divorce lawyer can provide you with invaluable legal advice during the divorce process. They can assist you in the application process, get legal advice, offer guidance on financial matters, and help with parenting arrangements, among other issues.

What is a parenting plan?

A parenting plan for children is a written agreement that outlines how parents will raise their children after separation or divorce. This plan is developed by the children and parents themselves and can be made legally binding by the children through a court order.

How much does it cost to get a divorce in Australia?

What would be the reasonable cost of separation? It can cost anywhere from $40,000 to $100,000 and could be up to three years before it’s taken to court.

How do assets get split in a divorce Australia?

The family court has the discretion to decide how the money is determined. According to the family law court, there is nothing specific about divorce settlement in court in Australia. It’s not a 50-50 split rule. It isn’t very simple because many variables are involved.

Our Team

John Zhang

Principal

Malorie Tan

Lawyer

Rita Lam

Lawyer

Tina Tang

Lawyer

Matthew Wu

Director

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 2023-08-01
 
 
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 2023-07-18
 
 
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 2023-07-14
 
 
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 2023-07-12
 
 
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 2023-05-24
 
 
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 2023-05-20
 
 
  I have been a client of Tina Tang solicitor CMI Legal Pty Ltd I can recommend her to do her job 110% her attention to detail informing clients of legal jargon in contracts simplifying the language is phenomenal. Tina replies to phone calls, texts, emails immediately her professionalism is outstanding, in her respect tone of voice and getting the job done with all the relevant documents to protect you as a client. Her protection of you as a client arming you with information in the legal world is something i never ever found in other solicitors I engaged over the years. I can recommend her legal services to anyone and if you decide to hire her you can only benefit
  
 
       
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 2023-04-15
 
 
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