The best divorce lawyers in Sydney help people navigate simple or complex family law disputes like parenting and financial matters. Even if a person is on good terms with their former spouse, the divorce process is often challenging. Divorce is the legal separation of two couples. Ex-spouses may remain uncertain about their legal matters and tend to ask themselves:
- How much money do I need to file for a divorce and to hire a family lawyer? What documents do I need? Do we need to show our marriage certificate?
- Where should I live after separation or divorce?
- How can I talk to my ex-partner about childcare arrangements and child support payments?
- Are pets included?
- What if I’m not financially stable after the divorce?
- Who gets child custody?
- Am I eligible for spousal maintenance?
- How much do family lawyers Sydney cost?
- Are there any other legal costs involved?
Whatever family law cases or circumstances you are dealing with, family law firms are here to help you take the best approach during the divorce process. The best family lawyers in Sydney are here to prioritise their client’s emotional needs, financial matters, family law issues, and ensure that their children’s best interests are considered.
Why Family Lawyers and Family Courts Consider The Child’s Best Interests
From the start of a couple’s marriage, children are looked after and well supported throughout their life. Parents see to it that they provide the basic necessities for their children in order for them to develop appropriately. Moreover, they also give unconditional love and provide proper parenting for their emotional, social, and mental needs.
An experienced family lawyer Sydney ensure that the child’s interests are considered, regardless of separation or divorce or any other legal issue. This includes the parents still providing support and help for their child as if they have not separated or divorced. But what are the child’s interests?
- Protection from domestic violence, abuse, or neglect
- A meaningful relationship with their parents and other significant people in their life. This includes step-parents, aunts, uncles, grandparents, siblings, step-siblings, and even friends.
Sydney Family Lawyers for Parenting Matters
More often than not, parents argue about children’s matters during and even after divorce procedures. A parent will often declare themselves as the person who is supposed to have sole parental responsibility over their children. Hence, this will cause a family law dispute between the two parents.
A person with sole parental responsibility is the party who has the say on major life decisions over a child. However, the family court will always presume that there is equal shared parental responsibility between parents since this is in the child’s interests.
Child Support and Spousal Maintenance
Financial matters include child support, spousal maintenance and adult child maintenance. Child support is the payment made to support a child until they are 18. However, there are instances where it’s possible to provide child support for children over 18.
On the other hand, higher-earning spouses have an obligation to provide spousal maintenance or monetary support to their lower-earning spouses. Another financial matter that is included in divorce procedures is property settlement. This is where couples split their financial assets and their property.
It’s important for ex-couples to seek legal advice about their rights when dividing their assets and properties with their former partner so they can form binding financial agreements.
How to Apply for a Divorce in Sydney and NSW?
Australia doesn’t have laws that allow an immediate or quick divorce, parties will need to check eligibility requirements. But, what’s the eligibility for divorce? Partners must have been apart for at least a year before filing for divorce.
The 12-month separation period restarts if a failed reconciliation attempt lasts for three months or longer. Moreover, parties can qualify for divorce in Australia if they are:
- Born in Australia or if one parent is an Australian citizen
- An Australian citizen with a grant of Australian citizenship
- Lawfully present in Australia and intend to continue living in Australia
- Living in Australia for the last 12 months
There are two ways to file an application for divorce. If people are unsure of what kind of application to file, it’s important to seek the legal services from the best divorce lawyers in Sydney. These are:
1. Joint application – This is where both parties to a divorce complete an application and provide a copy to the other party for their review and signature. Both parties are typically not required to attend court for joint applications
2. Sole Application – A person also has the freedom to file a sole application. The other partner is now referred to as a respondent in this case. Sole applicants are the only ones required to sign this sole application, while the other partner doesn’t need to. The sole applicant will then have to serve his/her applicant to his ex-partner.
According to the Federal Circuit and Family Court of Australia’s family law fees, the cost for a divorce application in 2022 is $990. People can also be eligible for a reduced fee of $330, but they must prove that they are entitled to do so. Australian can have a reduced divorce fee if they are:
- Holding any health care cards, pensioner concession cards, Commonwealth seniors health cards, or any card from the Department of Human Services or Department of Veteran Affairs.
- Granted with Legal Aid
- Receiving youth allowance, Austudy or Abstudy. Abstudy is a living allowance payment along with a number of additional advantages for Aboriginal and Torres Strait Islander students and apprentices.
- Aged 18 or under
- A prison inmate or legally detained in a public institution
- Having financial hardships
Consulting With Family Law Firm in Sydney
The most important part of the divorce process is going to a consultation with family lawyers. A person may not know how to approach the steps to get a divorce and may find themselves lost. Family lawyers in Sydney can help with having a smooth divorce process because of their knowledge and experience in family law matters. Here are some reasons why it’s beneficial to hire the best family lawyers Sydney.
Impeccable Communication Skills and Service
Aside from family lawyers’ ability to communicate with their clients in trying times like divorce, they also have the ability to comprehend what their clients need.
Family lawyers have the ability to focus and listen to their clients so they know what steps to take in solving their divorce matters. Moreover, the best divorce lawyers in Sydney:
- Have the ability to provide timely updates to their clients
- Aid in drafting legal documents needed for divorce
- Answer their clients’ complex questions about divorce and separation
- Formulate resolutions that will fit their clients’ situation
Knowledge of Family Law Matters
A family lawyer has spent decades studying family law and practising in the field to qualify as one of the best. Many people are also not aware that they still have entitlements when they separate or divorce from their partner.
This is because they may feel defeated or too emotional to understand or know their entitlements. Family lawyers in Sydney can thoroughly explain what rights they have during divorce and what they can receive. We have highlighted important family law acts in our blog for couples to better understand their family law matter.
Sydney Family Lawyers Provide Alternative Dispute Resolution Methods
Did you know that parents don’t always have to approach the family court? They can settle their arguments out of court. They can still obtain a divorce order from the court. But a divorce lawyer can help with conflict resolution.
JB Solicitors not only has the best divorce lawyers Sydney according to Sydney Review, but also provides alternative dispute resolution methods for property settlement, parenting arrangements and child custody.
We also help people with disputes after separating from de facto relationships or same sex relationships. Our law firm offers mediation and arbitration services for families who want to settle their parenting arrangements and financial matters amicably through collaborative law processes. We offer tailored-advice for an individual’s specific situation.
Contact an experienced lawyer today for all your family law needs. Our legal practice also has an experienced divorce lawyer, and family lawyers Sydney. Moreover we also handle commercial law, business law as well as criminal law.