Handle your divorce with the best Sydney lawyers who take pride in their work. You have to tackle emotional heat alongside the legal proceedings, but worry not, these lawyers protect your rights and work hard to achieve the best outcome for you. They provide utmost assistance, strategic representation and the best advice throughout divorce.
Understanding Divorce in Australia
An Australian divorce is recognised under decree by the Family Law Act of ‘75. Under this act, marriages can be dissolved with no blame assigned to either party. The judge is not interested in finding out any reasons for the breakdown. There is only one requirement: the couple has to stay separated for a year, and demonstrate so.
Key Legal Aspects of Divorce and Separation
- Meeting the Legal Requirements
Evidence proves that the legal household has been separated for a period of no less than 12 months. Simply put, you can go ahead and apply for the divorce after a year has passed.
Parties to a divorce who have been married for less than two years have to go through counselling before the application is signed, and if both partners are Australian, or at least one has lived in Australia for a year, the residence condition is met.
- Divorce vs. Separation
It is possible for one partner to decide to move out of the household, and still count as legal separation.
Divorce is the end of marriage under the law, but it does not automatically settle issues like finances or child custody.
Property Settlement and Financial Agreements
With separation comes the need for a property settlement. The law looks at such things as:
The financial and non-financial contributions of both spouses.
The potential future needs of the spouses financially, in terms of health or caregiving duties.
The reasonable and appropriate distribution of the assets and the liabilities, including superannuation.
Binding Financial Agreements (BFA), or even more, consent orders will help formalise the deal reached in a divorce settlement and eliminate arguments later.
Child Custody and Parenting Arrangements
Where children are in the picture, their welfare is deemed important. Some major issues include:
Initiating the assumption of shared parental responsibilities unless there are established reasons for one parent to solely bear the responsibility.
Setting up a parenting plan or even consent orders that may deal with custody, access, and who makes crucial decisions concerning the child.
Maintaining the child’s emotional and physical well-being.
Spousal Support and Child Support
Maintenance: If one spouse cannot reasonably provide for their own needs, the other spouse may be required to provide financial support.
Child Support: The Child Support Agency (CSA) bases payments on the needs of the child relative to the income of both parents.
Why Employ the Best Divorce Lawyers in Sydney?
Sydney’s leading family lawyers offer comprehensive legal services and focused advocacy to aid in achieving optimal results. They are able to assist in:
Filing divorce petitions and appearing in court.
Negotiations on property settlements and financial arrangements.
Custodial issues, including mediation and disputes.
Alimony and child support payments.
Conclusion
Divorce and separation can be intimidating, but with legal advice, the matters can be handled with ease. Consulting divorce attorneys in Sydney ensures your legal prerogatives are taken care of while your goals are achieved. If you require assistance with divorce proceedings, property settlements, or arrangements concerning children, expert legal assistance is invaluable.
