If you are separated or are considering separating from your spouse or de facto partner, there is much to consider and learn about the separation and divorce process.
Our team assists with all matters relating to separation and divorce. We provide:
If you have been in a de facto relationship or marriage, you will need to negotiate and finalise how you will divide your assets and liabilities.
You can get started with this process any time from the date of your separation. To learn more about finances and property settlements, including the time limits that apply, go to this dedicated page here.
We know that when a parent has separated or is considering separating from their partner, one of their first concerns relates to their children.
We regularly provide parents with advice about how to manage these big concerns relating to their children. We guide our clients on how to tell their partner or children about the news of their separation and point them to resources, support services or other professionals who can assist them with this process.
For more information about parenting arrangements, go to this dedicated page here.
You can file for divorce any time from 12 months and 1 day after you officially separated. You can elect to apply for a divorce independently, or you can file an application for divorce together. You can apply for a divorce yourself or have a family lawyer to do it on your behalf. The application for a divorce is specifically for the divorce itself and does not include the division of property or custody or shared parenting arrangements.
There is often great uncertainty in separation and divorce. Start by seeking initial advice to get answers.
If you wish to apply for ‘nullity’, the term the Court uses for this area of family law, you will need to file and serve an Initiating Application along with evidence supporting your application. For assistance with your application, or to file a response to oppose the application, reach out to our family law team for more information.
Naturally, many of us rely on the experience of others to help us prepare or try to understand something we have never experienced. Separation and divorce, however, is different for almost every couple. The time a divorced friend has with their child may not be the same in your situation. What another divorced friend received in their property settlement, does not indicate what you will get in your property settlement.
There are so many variables and while you may have a great desire to know what will happen in your situation as early as possible, the reality is that a conversation with a family lawyer needs to be had. Our team needs to learn about your unique circumstances, and help you become aware of the family law rules that apply, so we can help you determine what the future may look like for you. It is these conversations that will lead to genuine clarity about what may happen in the short-term and the long-term.
When we assist our clients through separation and divorce, we want to help them come to an agreement about their parenting and financial matters without having to go through the stress, delay and expense of Court.
Our team approach is always to reach out to commence negotiations with the other party. If those negotiations are not fruitful, we suggest mediation and if that has resulted in a partial agreement, we will try to continue discussing the outstanding issues with the other party in the hope of reaching a final agreement.
We are also trained in Collaborative Practice, a dispute resolution pathway for separating couples who are both committed to resolve their issues with the support of their family lawyers, and sometimes other professionals, without the intervention of the Court.
We aim to resolve family law issues so that families can minimise the stress, and move forward with their lives. A case that goes to Court can take years to finalise, leaving everyone in limbo. Of course, some cases must go to Court, and it is the best course of action.
We can assist you wherever you are based in Sydney. We now have three office locations – Penrith, Sydney CBD and Norwest – as well as phone and online consultations, if preferred. The SCB Legal family law team is patient and empathetic, having successfully supported many people through their separation and divorce journey.
For more information about the resolution pathways available, go to this dedicated page here.
If you are seeking Court Representation, go to this page here.
There is often uncertainty about what to expect when faced with issues like these. Learn the options available to you.