Divorce Lawyers In Sydney

According to Australian law, a no-fault system applies to divorce. This means that the Court is not concerned about what grounds have given rise to the separation. An application for divorce must be filed and pass through the Federal Circuit Court of Australia. In order to be eligible for divorce, you must be either an Australian citizen, or have lived in Australia for least 12 months, or regard Australia as your home and you intend to live in this country indefinitely.

For the divorce application to succeed, the court must find that the marriage has irretrievably broken down and that there is no reasonable likelihood of re-conciliation. The parties must also be separated for a period of at least 12 months; however, the Court will also grant a divorce in circumstances where the parties are living in the same property but have become ‘separated under the same roof’. In these circumstances, the Applicant/s must file an affidavit highlighting the circumstances around their separation. Additionally, an independent person is required to file an affidavit in order to satisfy the Court that a genuine separation has occurred.

A divorce application can be made solely, or jointly. In cases of a sole application, the applicant is required to serve the divorce application on their spouse. A failure to do so will result in the Divorce Hearing being adjourned.

In circumstances where an applicant has attempted to serve their spouse however the spouse is unwilling to accept service or the applicant is unable to obtain their spouse’s residential address, an application for substituted service or dispensed service can also be made to the Court.

Assuming that service has been affected by the Applicant, a Divorce Order will be granted by the Federal Circuit Court 30 days after the Divorce Hearing.

Get Represenation From Divorce Lawyers In Sydney

Should you need assistance with a divorce application, I can file the necessary documents and represent you in Court and provide valuable advice regarding serving your spouse.

My name is Matthew Buckley. I am an experienced family lawyer with extensive experience in matters related to divorce law in Australia. Beyond a track record for effective legal solutions, I prioritise integrity, trust, and due process from start to finish.

If you need the assistance of divorce lawyers in Sydney, please reach out now for a free initial consultation. My services are available to anyone filing a divorce, as well as individuals on the receiving end.

Discuss Your Siutation With Experienced Separation Lawyers In Sydney

Whether you are reaching the end of a marriage or a de facto relationship, it remains important that you seek legal advice. This approach can be particularly beneficial for the formalisation and division of mutual assets.

By partnering with separation lawyers, Sydney clients will receive clear legal advice and sound representation for any negotiations that follow. Reach out now for a free consultation.