How can a lawyer assist in the divorce process?

How can a lawyer assist in the divorce process?

The break-down of a marriage or de facto relationship is usually a traumatic time for the parties involved.

In Australia there is no obligation or ability for parties to register a separation under family law.

When parties separate, they are not required to live in separate homes. If the parties are experiencing financial hardship or are unable to find alternative accommodation, parties can still separate under the same roof as long as both parties are in agreement that the relationship has broken down irretrievably. However, if there is disagreement regarding the date of separation, the onus is on one (1) party to prove the date of separation.

Seeking legal representation following separation can ensure parties are aware of limitation periods and, if applicable the requirements for applying for divorce.

Why do you need a Family Lawyer for a Divorce? Parties are at liberty to apply for a divorce solely or jointly without a solicitor; however, retaining a family lawyer will ensure the application for divorce is drafted in the correct form and that all necessary and supporting documentation are provided to the court to ensure the Divorce Order is granted without unnecessary delay.

If the separating parties also have a child or children, the family lawyer will also ensure that the application clearly addresses this and provide evidence to the court that proper arrangements have been made for the care, welfare and development of the child/children.

What will the Family Lawyer organise for you? The family lawyer will obtain your instructions to prepare the application for divorce and file same with all the necessary and supporting documents to ensure that the court is satisfied that it has jurisdiction to grant the divorce, that the marriage is proved, and that the marriage has broken down irretrievably.

If the application is a sole application, the family lawyer will also organise for the other party to be served in accordance with the Court Rules; prepare Affidavits, and attend the divorce hearing, if required. The family lawyer will also advise you if you are required to attend the hearing. Your attendance is required when there are minor children involved.

When should you consult a Family Lawyer? You can consult a family lawyer at any stage; prior to or after separation. The time-frame to consult a family lawyer varies depending on the nature of your enquiry and whether your relationship was a de facto relationship or marriage. For example, with de facto relationships, the limitation period to finalise property matters is twenty-four (24) months from the date of separation or twelve (12) months from the date the divorce becomes effective for parties who were married.

What are the costs involved? Our fees vary on a case by case basis and is dependent upon the instructions you provide to the family lawyer and the nature of the work to be undertaken.

To find out more, contact our office to discuss your matter further.

Why are Brydens Lawyers the right representation for you? Brydens Lawyers provide you with honest and concise advice and provide you with all the information you need following the breakdown of your relationship or marriage at a reasonable cost.

We understand that you may be going through a difficult time, so you can rely on the experts at Brydens to ensure your instructions are put into action with minimal stress and delay.

For your free, no-obligation assessment, contact Brydens Lawyers without delay.