Why Should You Engage a Family Lawyer for a Divorce?
Both parties are at liberty to apply for a divorce solely or jointly without a solicitor. However, retaining an experienced family lawyer will ensure the application for divorce is drafted in the correct form and that all necessary and supporting documentation is provided to the court, ensuring the Divorce Order is granted without unnecessary delay.
If the separating parties have a child or children, family lawyers will also ensure that the application clearly addresses this. They will provide evidence to the court that proper arrangements have been made for the care, welfare and development of the child or children.
The team of family lawyers at Brydens Lawyers are experts in all legal services pertaining to child support, parenting arrangements, divorce applications, property settlement, spousal maintenance, binding financial agreements, parenting orders and the divorce process.
Our family lawyers have a wide range of experience dealing with the Federal Circuit Court and Family Court of Australia for an array of family law matters. If you require the professional services of a supportive and highly knowledgeable family lawyer, then the team at Brydens Lawyers is here to help.
What are the Costs Involved in a Divorce?
The filing fee on the application for divorce is $1,060. However, an application for a fee reduction can be made.
Our family law fees vary on a case-by-case basis and are dependent upon the instructions you provide to the family lawyer and the nature of the work to be undertaken.
How Long Do I Have to Wait Before I Can File a Divorce Application?
The parties to a marriage must have lived separately and apart for at least 12 months with no reasonable likelihood of resuming married life before an application for divorce can be filed. It is possible for the parties to live together in the same house and still be separated.
In the event that the parties were in a de facto relationship, they will have two years from the date of the separation in which to make an application for the distribution of property.
Our team of family lawyers are able to explain the family court system in detail to ensure that you are aware of the legal process involved.
What Will the Family Lawyer Organise For You?
We will obtain your instructions to prepare the application for divorce and file the application with all the necessary and supporting documents. These documents will ensure that the court is satisfied that it has jurisdiction to grant the divorce, that the marriage is proven and that the marriage has broken down irretrievably.
If the application is made by one party only, then the family lawyer will organise for the other party to be served in accordance with the Court Rules, prepare Affidavits and attend the divorce hearing if required.
As your family lawyer, we will also advise you if you are required to attend court. Your attendance is usually required when there are minor children involved.
Why are Brydens Lawyers the Right Representation For You?
The family law team at Brydens Lawyers can provide you with honest and concise advice. 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.
Our family lawyers understand that you may be going through a difficult time, so you can rely on the experts at Brydens Lawyers to ensure your instructions are implemented with minimal stress and delay. Whether you require assistance with child support, a property settlement, financial agreements, a marriage annulment, financial support, a divorce order or a family law matter in general, then our team of family law specialists are ready to offer expert legal advice.
The Brydens Lawyers firm is one of the top Sydney divorce lawyers. Our team of professionals are highly regarded as skilled and reliable family law experts, so you can rest assured that you are in capable hands. If you require the professional services of an experienced divorce lawyer, then we can help you in all matters of family law.
What is a De Facto Relationship?
A de facto relationship is constituted when two persons, not legally married to each other and not related by family, have a relationship as a couple living together on a genuine domestic basis.
In order to determine the nature of the relationship for the purpose of child support or a financial or property dispute, the court must be satisfied as to a number of factors including that:
The parties were in a genuine de facto relationship that has broken down.
The relationship is at least two years old, or there is a child of the relationship, or significant contributions were made.
When Should You Consult a Family Lawyer?
You can consult a family lawyer at any stage, whether that is before 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 a marriage.
For example, with de facto relationships, the limitation period to finalise property matters is two years from the date of separation. For parties who were married, this limitation period is twelve months from the date the divorce becomes effective.
What Does the Court Consider in Parenting Matter Decisions?
Regarding parenting orders, the best interests of the child or children are always paramount in the Family Court’s consideration under the Family Law Act.
Matters brought into account include:
The benefit to the child in having a relationship with both parents.
The need to protect the child from physical or psychological harm.
Any views expressed by the child.
The nature of the relationship that the child has with each parent.
The extent to which the child’s parents have taken care of, or failed to take care of the child.
The likely effect of any changes in the child’s circumstances.
The capacity of each child’s parents to provide for the needs of the child.
The maturity, sex, lifestyle and background of the child and either of the child’s parents.
Any history of family violence.
In the event that the child is of Aboriginal or Torres Strait Islander descent, consideration will also be given to any impact on cultural factors, as well as the child’s right to enjoy their culture with other people who share it.
Seeking Family Law Advice from an Experienced Lawyer
At Brydens Lawyers, our caring team of professionals are here to support you in all areas of family law. For professional advice and quality legal representation from family law experts, contact us online or call our family law division on 1800 848 848 to discuss your situation.
