DIVORCE LAWYERS SYDNEY

RAMSDEN LAWYERS – YOUR TRUSTED DIVORCE LAWYERS SYDNEY

At Ramsden Lawyers, we are committed to providing expert legal services with a focus on family law.

As your trusted divorce lawyers in Sydney, we bring a blend of professionalism, empathy, and extensive legal knowledge to every case.

Whether you are navigating the complexities of divorce, child custody, or other family law matters, our divorce solicitors are here to ensure that your legal rights are upheld while offering the support and guidance you need during these challenging times.

Let us help you find the best path forward with confidence and peace of mind.

DIVORCE CASES IN AUSTRALIA

In Australia, divorces are governed by the Family Law Act 1975, which requires a ‘no-fault’ approach. This means that the court does not consider the reasons for the marriage breakdown but focuses instead on the fact that the marriage has ended. The law stipulates that for a divorce to be granted, couples must be separated for at least one year and there must be no reasonable likelihood of resuming married life.

This process is designed to be as straightforward as possible, reflecting the reality that sometimes, relationships irretrievably break down. Our legal experts are well-versed in these laws and can handle all aspects of the divorce process, making it as stress-free as possible for our clients.

HOW IT WORKS

1. ELIGIBILITY FOR DIVORCE

During our initial consultation, we require proof of an irretrievable breakdown of marriage, demonstrated by at least 12 months of separation with no likelihood of reconciliation. In some cases, you can be eligible if you are separated but remain living under the same roof. Our legal team is prepared to guide you through this process, ensuring all necessary documentation, including a valid marriage certificate and payment for the court filing fee, is meticulously prepared and submitted.

2. FILING PROCESS

Our expert family solicitors facilitate the filing process of your Joint or Sole divorce application online via Commonwealth Courts Portal. This streamlined process includes the submission of the divorce application alongside any requisite affidavits to clarify the nuances of your separation, such as periods of reconciliation or living together post-separation.

3. FAMILY DISPUTE RESOLUTION/MEDIATION

Before escalating any family law matter to the courtroom, we highly recommend exploring Family Dispute Resolution (FDR) otherwise known as mediation.

This process involves the intervention of a neutral third party who assists both parties in reaching a mutually acceptable agreement regarding family law disputes such as parenting arrangements, financial settlements, and other divorce-related issues.

Our team includes accredited family law specialists, arbitrators and mediators skilled in facilitating open, productive dialogues between parties, aiming to resolve any family law dispute amicably and in the best interest of all involved, especially children.

Choosing mediation can lead to more flexible and personalised outcomes and lay a foundation for cooperative post-separation relationships.

4. COURT PROCEDURE

Depending on your case’s specifics—whether it’s a joint application, involves children under 18, or other unique circumstances—our lawyers tailor their approach to meet your needs to determine if you are required to attend court or not. We aim for a smooth process, potentially without the need for a court appearance, and keep you informed at every point in time.

QUALIFYING FOR DIVORCE

At Ramsden Law, our experienced family lawyers will guide you through the essential criteria for divorce, emphasising the need for a marriage breakdown. This includes proving a continuous separation for at least one year and the absence of any likelihood of reuniting.

For the divorce process, it’s necessary to provide a legitimate marriage certificate and the means for the $1060 court filing fee, though you might qualify for a reduction based on your financial situation. The specifics of your marriage, such as whether you’re filing jointly or have children, will influence the Registrar’s timeline in issuing a divorce decree.

Upon the approval of your divorce, a 12-month window opens for filing any claims related to financial agreements or settlements. For those residing abroad, eligibility to file for divorce in Australia remains intact, provided all relevant criteria are met.

ELIGIBILITY

To apply for a divorce, certain conditions must be fulfilled:

• The marriage has irrevocably ended;
• You and your former spouse have lived apart for no less than one year or if you have lived together but separated, have changed your living arrangements to no longer be that of a married couple (i.e. your conduct has changed such as now having separate bedrooms);
• There’s no prospect of reconciling.

All submissions for divorce are digitally processed through the Commonwealth Courts Portal, facilitated by our family lawyers.

Should your separation have included times of reconciliation, or if you remained living under one roof, additional evidence through an affidavit to the Family Court is required. Alongside your divorce application, the necessary documents include:

• The marriage certificate;
• Payment details for the court filing fee.

If the original marriage certificate is unavailable, we can assist in obtaining a new certified copy. Non-English certificates require qualified translation.

Fee reduction applications may be accepted under circumstances like holding certain concession cards, receiving legal aid,  or facing financial hardship.

Couples married for less than two years must undertake marriage counselling and submit a corresponding certificate with their divorce application.

OTHER CONSIDERATIONS

Following your application, a Registrar will review your case. Joint applications or those without children under 18 typically resolve in about two months from date of filing without necessitating a court appearance. Sole applications with children under 18 involve a brief court session and it may be 2 to 4 months from the date of filing.

Should additional details be necessary, presenting an affidavit at the divorce hearing is advisable. Once granted, the divorce becomes irrevocable one month and one-day post-approval.

It’s crucial to reassess your will post-divorce, as the decree may invalidate certain provisions. Our specialist family lawyers are here to assist in updating your will accordingly.

STATUTORY TIME LIMITS

Post-divorce, a 12-month period is available for filing spousal maintenance or property settlement applications.

The court may permit extensions under specific hardships or if spousal maintenance eligibility was not met due to financial dependency on a government benefit.

This timeframe does not apply to parenting issues, allowing legal proceedings regarding children under 18 at any time. There are also no specific time restrictions for modifying property or maintenance orders however you must meet certain criteria to be successful.

NO-FAULT DIVORCE

Australian family law advocates for no-fault divorces, disregarding the reasons behind the marital breakdown. Infidelity or other faults do not influence the divorce outcome, focusing solely on the separation period.

INTERNATIONAL DIVORCE

For Australians living abroad, divorce applications remain an option under certain conditions such as citizenship, residency, or intent to reside in Australia indefinitely.

Eligibility hinges on the marriage’s irrevocable dissolution, a year of separation, and no reconciliation prospects.

WHY CHOOSE US?

EXPERTISE AND SPECIALISATION 

At Ramsden Law, our team of accredited family law specialists brings a wealth of expertise exclusively in family and divorce law. With a deep understanding of the complexities involved, our team is equipped to navigate the intricate nuances of your divorce case, ensuring personalised and comprehensive legal support.

TRANSPARENT AND FLEXIBLE FEES

We believe in transparency and predictability when it comes to legal fees. At our family law firm, we offer fixed fees for specific services, accommodating payment plans, and provides upfront fee estimates. Our approach ensures that you can make informed decisions about your legal representation without any surprises.

SWIFT AND EFFICIENT RESOLUTION

Our robust support system and streamlined processes ensure that each lawyer’s workload is managed efficiently, preventing any compromise on the quality of service you receive. Our efficiency translates into quicker turnarounds for your divorce proceedings, aiming to minimise the emotional and financial strain of the process.

COMMITTED ON FINDING AMICABLE SOLUTIONS

Understanding the emotional toll of divorce, our experienced lawyers prioritise exploring all avenues for resolving your case without the need for court intervention whenever possible. Our goal is to facilitate amicable solutions that respect the interests of all parties involved, particularly when children are concerned, fostering a positive foundation for post-divorce relationships.

GUIDING YOU BEYOND THE LEGAL PROCESS

Ramsden Law offers guidance on related aspects such as family dispute resolution, the impact on wills and estates, and navigating financial settlements. Our holistic approach ensures you’re supported not only during the case but in preparing for life after divorce.

PUTTING YOUR FAMILY’S NEEDS FIRST

Divorce signifies a pivotal moment of transition for the entire family.

As the leading family law firm in Sydney, our goal is to support you through this transition with professionalism, empathy, and expertise.

We are committed to facilitating a process that is as seamless and stress-free as possible, allowing you to focus on moving forward.

Our specialist family law team, clear fee structure, quick turnaround, and resolution-focused approach ensure you’re in capable hands.

In addition to our divorce services, we can assist you with other family law issues such as child custody and child support matters, property settlements, de facto relationships, and more.

Get in touch with us to book a free consultation with one of our Sydney divorce lawyers.

Frequently Asked Questions

WHAT IS A NO-FAULT DIVORCE?

In Australia, we operate on a no-fault divorce principle, meaning the court does not consider the reasons behind the relationship’s breakdown. This approach focuses on the fact of separation, not the cause, simplifying the process to reflect the reality of your situation.

CAN I FILE FOR DIVORCE IF I’M LIVING OVERSEAS?

Yes, if you regard Australia as your home, are an Australian citizen or permanent resident, or ordinarily live in Australia and have done so for at least 12 months prior to filing, you can apply for a divorce internationally. Our team can assist you in ensuring all criteria are met for a smooth application process.

WHAT ABOUT MY WILL AND FINANCIAL SETTLEMENTS?

A divorce can significantly impact your will and financial situation. We advise reviewing your will as part of the divorce process and can assist with any necessary updates. Additionally, there is a 12-month period after your divorce is finalised to apply for financial or spousal maintenance settlement. Our lawyers are here to guide you through these considerations, ensuring your financial rights and future are secure.

HOW LONG DO I HAVE TO BE SEPARATED BEFORE I CAN FILE FOR DIVORCE?

In Australia, you must be separated from your spouse for at least one year before you can file for divorce. This separation provides clear evidence that the marriage has irretrievably broken down, which is the basis required for a divorce under the Family Law Act.

CAN I GET A DIVORCE IF MY SPOUSE DOES NOT AGREE

Yes, you can still obtain a divorce in Australia even if your spouse does not agree to the divorce. As long as you meet the requirement of having been separated for at least one year and there is no likelihood of reconciliation, you can file for a divorce. Our team can assist in managing the legal process and any disputes that may arise.

WHAT I SHOULD I DO IF THERE ARE CHILDREN INVOLVED?

When children are involved, their welfare and arrangements for their care become a primary concern during the divorce process. It’s important to ensure that all decisions made consider their best interests. Usually if you have children and do a sole divorce application, you will be required to attend a divorce hearing.

At Ramsden Lawyers, we help you negotiate parenting plans and custody arrangements through our child and parenting services that focus on the well-being of your children, aiming for solutions that minimise disruption to their lives and provide clear guidance for co-parenting.