Divorce & Separation
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Divorce & Separation
At Seacliff Family Law, we recognise that ending a relationship or marriage can be daunting, leaving you uncertain about the process and what lies ahead. We are here to provide dedicated assistance tailored to your specific circumstances.
As experienced divorce lawyers servicing the Wollongong, Sutherland, Macarthur, Southern Highlands and wider Sydney regions, we will guide you through every step ensuring you are well informed and equipped to navigate each stage. We can provide tailored options of assistance to suit your circumstances and budget. From providing advice on your options and entitlements, assisting with negotiations and providing you with a solid plan to navigate the big decisions as well as the smaller details that are often just as important – we are experts in all things family law. It is all we do.
Our deep understanding of the legal system in Australia as a whole sets us apart. Whether you reside in Wollongong or elsewhere, we possess the knowledge and expertise to navigate the family law and court system effectively, advocating for your desired outcome.
An Application for Divorce is lodged when one or both parties to a marriage seek a divorce order – legally bringing the marriage to an end. In Australia it is a no fault divorce system, meaning you don’t need to prove wrongdoing of either person to the marriage to get a divorce. The only ground for divorce is that the marriage broke down with there being no reasonable chance of getting back together. One key element to this is that there has been a period of separation for 12 months or more.
There are often other associated issues that need to be resolved as part of a separation or Divorce, including dividing assets, financial support or arrangements for children. A Divorce Order does not determine any of these matters. It simply brings the marriage to an end on a formal and legal basis.
What Is Divorce?
How Do I Start The Divorce Process?
You need to determine if you require a divorce order only which generally is a relatively simple process or if there are other issues that also needs to be sorted out. Most often a divorce or separation will involve other related matters which may include financial support, dividing assets and parenting arrangements. We recommend that you engage a divorce lawyer like Seacliff Family Law as early as possible. Getting expert advice at an early stage can save you thousands of dollars in the long run.
It is important to note that there are time limits that apply for property and financial matters following the end of a de facto relationship or a divorce order being made. The timing of a divorce application is important and obtaining early advice can greatly assist with implementing a plan as to how best to deal with your separation or divorce in a holistic way.
Why Choose Seacliff Family Law As Your Divorce Lawyers?
With a decade of experience in the family law field, Ashleigh, an Accredited Specialist in Family Law, leads our firm. Clients trust Ashleigh for her seamless blend of professionalism and efficiency, along with the warmth and support of a trusted advisor.
At Seacliff Family Law, our mission is to create a safe, supportive, and nurturing environment for our clients. We understand that navigating family law matters can be challenging, so we pride ourselves on delivering specialised, client-focused legal advice with empathy and sensitivity.
As a team, we aim to reduce the burden of this complex and overwhelming time by breaking down the legal system and provide clearly understandable guidance to assist you to resolve your matter as quickly and cost effectively as possible. The sooner you can bring this chapter to an end, the sooner you can begin the next. Stability and security are vital for any family unit, and our goal is to empower individuals by providing certainty and closure, allowing them to move forward with hope.
Frequently Asked Questions
How long DOES THE DIVORCE PROCESS TAKE?
A divorce is formally bringing an end to a marriage. It is separate from sorting out related issues such as a property settlement. You need to be separated for 12 months before you are eligible to apply for divorce. The application can be prepared relatively quickly for a straight forward matter. Once the application is filed you are allocated a Court date for the divorce to be considered so the timeframe depends on the particular availability of the Court registry in which the application is filed. Generally the process takes around 4 months from start to finish. It is important to note that a divorce does not become final until 1 month and 1 day after the divorce Order is made.
What ARE THE DIFFERENCES BETWEEN DIVORCE & SEPaRATION?
A separation is when an intimate partner relationship has come to an end. A divorce is only required where you are married to your ex-partner. A divorce is the legal process to formally bring an end to a marriage. To be eligible to apply for a divorce you need to have been separated for at least 12 months. You do not necessarily have to have been living physically apart for it to be classified as a separation. There are many instances where there is a separation but you are living in the same house as your ex-partner.
How ARE OUR ASSETS DIVIDED?
Every matter is different and it depends on the nature of assets and liabilities applicable to your particular situation. Generally speaking, to determine how the assets are divided the contributions at the commencement of the relationship, during the relationship and post separation will be considered. Looking to the future, the needs of each party will also be considered such as if there are children under 18 that are in one parents primary care, the age and health of the parties, earning capacity and income disparity. Overall the proposed split of assets needs to be considered fair in the circumstances. For more detailed information about Property Settlement after Divorce or Separation read our blog post on this topic here.
What HAPPENS TO THE CHILDREN AFTER DIVORCE?
Every family and every matter is different. If you are unable to reach an agreement as to parenting arrangements for the children it is recommended that you get some legal advice tailored to your particular circumstance as soon as possible. Ideally the children will be given the opportunity to have a meaningful relationship with both parents, however this will not always be possible particularly where there are serious safety or risk concerns.
OUR SERVICES
Seacliff Family Law
seeks to untangle the Complexities of:
diVORCE &
SEPARATION
Bringing an end to the marriage through divorce, de facto relationships, same sex couples, international family law
PROPERTY &
FINANCIAL SETTLEMENTS
Sorting out the finances following the breakdown of a relationship, including the division assets and property, superannuation and financial resources, spousal maintenance & child support
CHILDREN &
PARENTING
Making a plan for the children of separated parents. This can include dealing with many different issues such as domestic violence, parental alienation, relocation, recovery matters & grandparents rights
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