Divorce and Separation Lawyers Sydney
A relationship breakdown is traumatic, challenging and complicated, particularly when children are involved. It can be such a stressful time that, understandably, legal processes are not at the forefront of one’s mind. However, they must be, as they can have significant consequences for everyone involved.
Espino Law has outstanding understanding and experience working in Family Law divorce and separation matters. We’re here to expertly guide you through your options and processes and deliver the best-case outcomes for you and your child/ren. Our advice on divorce and separation is always to mitigate rather than litigate. However, if you require representation in Court, you will not find better, more committed professionals determined to resolve the matter for you fairly and promptly.
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There is no formal process involved in heterosexual or same-sex separation. You do not need to apply to a Court or government organisation to separate, as you do for a divorce. Nonetheless, this requires you to negotiate and agree on potentially sensitive matters, including where and with whom the children will live, the amount of child support needed, spousal maintenance, the division of property and other assets, and more.
Despite the informalities, you need to be aware of timing. If you were in a de-facto relationship and wish to make a property settlement claim, you must do so within two years of the date of separation. Similarly for parties in a married relationship, a property settlement claim must be made within 12 months of the divorce order being made.
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Notably, Australia’s no-fault divorce system does not require any establishment of blame.
If children are involved, the Court will seek assurance that you have prioritised their well-being and made arrangements for their ongoing welfare before issuing a divorce order.
You and your ex-partner must be either an Australian citizen or live in Australia, which you consider to be home. Additionally, you must have been living here permanently for at least 12 months before you can apply for a divorce.
Unlike separation, there is a formal legal divorce process in Australia for heterosexual and same-sex married relationships and it outlines clear time frames:
If you have been married for less than two years
You need a counselling certificate before you can start your application for divorce.If you have been married for more than two years
You must have been separated for at least 12 months before filing for a divorce in Australia.
Our separation and divorce services.
Our specialist separation and divorce advisors are here to support you with the best legal counsel for you and your child/ren. Our services include:
Property matters
If property assets form part of your separation, we can assist. Please refer to our Property Disputes area of the website, where we detail services such as binding financial agreements, spousal maintenance, estate planning, property settlement, superannuation splitting and more.
Application for divorce
We can assist in all areas of divorce application, appearance at the divorce hearing, preparing affidavits and more.
Should children under the age of 18 years be involved, the Court will not make a divorce order until it is satisfied that proper arrangements are in place for them. If parties were separated but living under the one roof for part or all of the 12-month period, then an affidavit supporting the application must be filed by the party and one other person corroborating their position.
To apply for divorce you need to be separated for a period of at least 12 months. That is when at least one party communicated that the relationship was over and that the relationship has broken down irretrievably.
That 12 month period of separation can occur whilst parties still continue to live separated but under the one roof. For example that they sleep in separate bedrooms. (the law recongnises that for many reasons this can still occur and just because parties continued to reside together it does not mean that they have not separated).
If for any part of the required 12 month period of separation, the parties lived under the 1 roof then that's when an affidavit regarding being separated under the 1 roof is required. In that affidavit you would usually include things like sleeping arrangements, how household tasks are divided, financial independence etc to show that the parties were not living in a married like relationship and that the parties have in fact separated.
Additionally, if separated but still living under 1 roof for any portion of the 12 month period then there also needs to be a witness affidavit corroborating separation under the one roof. For example, what they observed when they visited the residence, what was communicated to them and when etc.
On a side note - The reason for this is , to grant a Divorce the Court needs to be satisfied that the relationship has broken down irretrievably and there is no likelihood of the relationship resuming (for example: - it is not a 'sham' divorce for the purposes of government benefits etc).
Limited child support agreement and binding child support agreements
Child support agreements are written and signed agreements between parents (and/or carers) regarding child support payment. Through Australia’s Child Support (Assessment) Act 1989, parents or carers have the opportunity to enter one of two types of child support agreements.
Limited child support agreement
This agreement outlines child support payments for up to three years, after which it can be extended. It clarifies the paying parent’s financial obligations and offers peace of mind to the parent receiving the funds. The agreement acknowledges that any unexpected change in circumstances for either party (e.g. job loss) can result in the termination of the agreement. It requires a Child Support Assessment to be in place, and payments must meet or exceed the amount assessed. Independent legal advice is not mandatory.
Binding child support agreement
As the name suggests, this type of agreement is more challenging to terminate and will remain in effect despite any changes in circumstances unless a terminating event is specified in the agreement. It is intended to provide complete assurance and finality around all child support matters. Given the inherent gravitas, both parties must seek legal advice before entering into this agreement, which is binding until a prescribed time (such as the child turning 18 years old). A binding agreement can include additional child support financial commitments such as education fees or health expenses.
Domestic violence and child abuse
According to the Australian Bureau of Statistics, one in four women and one in eight men [1] experience violence by an intimate partner or family member (referred to as domestic violence) in their lifetime. Approximately 13% of our population has experienced child abuse [2]. Domestic violence and child abuse can have painful and long-term effects on the victim.
The definition of violence and abuse extends beyond physical harm, such as assault and sexual violence. It includes verbal, emotional and psychological abuse. Stalking, intimidation, excessive monitoring, isolating victims from their networks and controlling finances are also forms of domestic violence.
If you or your children are victims of violence and abuse, our priority is to ensure you have access to necessary protection and support services. With great sensitivity, we help you better understand your legal situation and the options available. Our work can include obtaining the necessary protection for you and your child/ren, such as seeking a 68B injunction or a restraint, acting as your lawyer for divorce, child maintenance, property settlement and more.
[1] https://www.abs.gov.au/statistics/people/crime-and-justice/personal-safety-australia/latest-release
[2] https://www.abs.gov.au/articles/characteristics-and-outcomes-childhood-abuse
Representation in court
It sounds counterintuitive for a Family Law divorce lawyer, but we don’t want you to end up in Court. We will do all we can to deliver the outcomes you want without escalating to litigation. However, sometimes this is unavoidable. In such cases, we are committed to providing the best possible representation on your behalf.
Representation at mediation & alternative dispute resolution
This essentially refers to any form of negotiation taking place away from the Court. Espino Law will always prioritise mediation to curb the emotional, financial and time costs involved in going to Court. Alternative dispute resolution is when parties agree to appoint an independent, impartial third party to help resolve the matter.
Why Espino Law for Divorce & Separation Legal Services?
The legal process of separation and divorce in Australia typically requires input from other professionals, including realtors, taxation specialists, forensic accountants, psychologists and more. We skillfully manage liaison and collaboration with these third parties.
This is an emotionally and financially draining time. We work hard to resolve matters and reach a successful outcome for you as quickly as possible. You need to move on; we understand.
Kateryna, Espino Law’s Founder, has a Master's Degree in Family Law. She has exceptional experience, knowledge and skills across all areas of divorce law in Australia.
If going to Court is unavoidable, you can have complete peace of mind that the very best family lawyers represent you.
Communication is crucial. We ensure you understand everything happening throughout the various stages of separation and divorce. We keep you informed and empowered.
We are very sensitive to the trauma you and your child/ren may be experiencing. We bring heart to this situation, but we lead with cool, strategic heads.
If you need support in other Family Law matters, our fully-qualified solicitors can assist.
For a divorce & separation lawyer that you can trust and depend on, reach out to our team today.
FAQ
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This term refers to the formal separation of a married couple. It occurs when the relationship has irretrievably broken down despite the couple being legally married. Legal separation does not signify the termination of the marriage. On the contrary, Australian Family Law still deems the couple to be married until a divorce is finalised. There is no formal process required to initiate a legal separation. However, typically, this process commences when the couple starts living apart and at least one party intends to end the relationship or marriage.
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The last procedural step in a family law matter, initiating a divorce can be a turbulent and stressful experience. You and/or your spouse must meet specific legal criteria to commence divorce proceedings. For instance, one of you must be an Australian citizen. As a married couple, you must have been legally separated for at least 12 months. We recommend a consultation with our family lawyers so you can fully understand the processes, responsibilities, time frames and costs of initiating a divorce.
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You or your ex-partner need to demonstrate the irretrievable breakdown of your marriage and submit evidence that you and your estranged spouse have been living separately for at least 12 months.
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The person who initiates the application for divorce, known as the applicant, is responsible for paying for the divorce application filing fee. Alternatively, if the application for divorce is a joint application with your former spouse, then the filing fee is usually shared between the parties. The Court may grant a cost reduction if the applicant demonstrates financial hardship.
Contact us for legal advice on separation and divorce.
For the best separation and divorce advice in Australia, rely on our team of experts. Contact us today for a no-obligation discussion.
Call our lawyers on 1300 377 466.