Separation and Divorce
If you are thinking about separating, or have already separated, contact our experienced and caring family lawyers in Newcastle to obtain the right legal advice specific to your situation.
Our team are experts in all types of Family Law matters and can provide you with advice to ensure you achieve the best possible outcome.
Divorce can be straight forward however it should be considered carefully and in light of the timing of your property settlement, estate planning, and changing business structures. If you are planning to remarry or you have lived separated under the one roof you may have additional considerations in relation to your divorce. Auslaw Partners will advise you about the legal requirements of divorce, and the timelines that may affect your matter. We can prepare, file and serve your application or assist you to respond to an application for divorce.
If you have been living together yet separated you can still apply for a divorce after 12 months of separation. You will need to file evidence with your application setting out the circumstances surrounding your separation and have someone other than you or your ex-partner provide evidence in support of your claims. The court must be satisfied that you were in fact separated and as such you will need to provide the court with the relevant evidence.
To grant a divorce the court must be satisfied that there are proper arrangements in place for the care of your children. These do not need to be final arrangements. Auslaw Partners Lawyers can advise and assist you to formulate and finalise the parenting arrangements for your children.
There are important timelines that apply when it comes to divorce and property settlement, and you should seek legal advice before filing a divorce application. Our Family Lawyers can advise you about these timelines and ensure that you have the correct plans in place to finalise your matter without jeopardising your access to the court if needed.
Auslaw Partners Lawyers can advise you about these requirements and your alternative options. We can prepare and file your application for divorce. You should seek legal advice before filing a divorce application if you have been separated and living under the one roof or if you have had a period of cohabitation or reconciliation during your separation.
Auslaw Partners lawyers will listen to you and provide you with the right advice. Our team have assisted thousands of Australians to finalise their divorce and our low fixed fee rates mean you know where you stand.
We make sure your divorce papers are prepared and lodged with the court correctly the first time to ensure a quick and successful outcome.
Whilst divorce is usually a relatively simple process, there are several legal factors that require specific attention to ensure that the application process proceeds smoothly. We can assist you by ensuring that all the issues are addressed properly. Our lawyers are well-equipped to handle both simple and complex cases.
The benefits of using an Auslaw Lawyers are:
- We take the pressure and stress off you.
- We will ensure that the application process has been complied with, including service of the application on your ex-partner.
- We attend to liaising with your ex-partner as required.
- We attend to filing your material on the Court portal together with the required supporting material.
- If required, we will represent you at the hearing.
In order to finalise your divorce, we will assist you in undertaking the following steps:
- Prepare your application for divorce, which must be signed by you.
- File your application for divorce with a copy of your marriage certificate. If you are unable to find your marriage certificate, we can request one for you from the Registry of Births, Deaths and Marriages. If it’s in another language – we arrange a certified translation.
- Deal with special rules such as where you are seperated under one roof.
- Upon receipt of your documents, the Court will set a time and date for the hearing. The hearing is usually about two to three months after the date of filing of the divorce application.
- We will need to serve your application for divorce on your former partner no less than 28 days prior to your hearing. (If they are overseas more time is required.)
- The hearing should only take approximately 15 minutes. If you have a child under the age of 18, you are required to attend the hearing – otherwise, there is no obligation to attend. We will represent you either way and you are not required to speak or give any evidence.
- After the hearing, the court will give us a divorce certificate; issued one month and one day after the hearing.
Our divorce lawyers in Sydney can assist you with this process from start to finish.
Bear in mind that obtaining a divorce will only confirm that you are no longer legally married and are free to remarry. It will not determine important matters such as your financial future, the division of property, or arrangements concerning children. However, it may affect the provisions of your will and you should obtain legal advice in relation to your estate planning.
Auslaw Partners can advise you on the process and your legal rights in relation to separating from your partner or spouse, or divorcing your spouse. We know that this is a challenging time and will approach your matter with the utmost sensitivity and professionalism.
Auslaw Partners Lawyers has an experienced team of lawyers and staff, committed to bringing your family law and divorce matter to a satisfactory, cost-effective, and timely resolution.
Our lawyers have been delivering legal services for our clients for years with experience in all facets of family and divorce law, and you can be confident you have experience on your side.
We work closely with our clients to ensure that they understand each step of the family law process. We are here to support you on your journey, guiding you to an efficient and cost-effective resolution.
You will feel at home at Auslaw Partners.
Disclaimer: the materials presented on this website are distributed by Auslaw Partners as an information source only. Auslaw Partners make no statements, representations, or warranties about the accuracy or completeness of, and you should not rely on, any information contained in this publication. Despite our best efforts, Auslaw Partners makes no warranties that the information in this publication is free of infection by computer viruses or other contamination. Auslaw Partners disclaim all responsibility and all liability (including without limitation, liability in negligence) for all expenses, losses, damages and costs you might incur as a result of the information being inaccurate or incomplete in any way, and for any reason.