Family law is a rather critical field of law because it not only deals with the legalities of separation but also requires the handling of high-flying emotions, sometimes from both parties. Legal issues aside, there is much pain, hurt and anger that can impede your judgement and compel you to make hasty and not-so-wise decisions. So, it is only right to say that a legal advisor can steer the process of your divorce or legal separation as hassle-free as possible. Maatouks Law Group has a team of experienced family lawyers who can take charge of the legal aspects of your separation while you are allowed ample time to deal with the emotional aspects.
If divorce or separation is on your mind, you will need an expert family lawyer to help you get through the legal process smoothly. There are several things to consider during your separation – dividing the assets amicably, coming to an agreement on the parenting and visitation rights of the children, living arrangements, etc. Such family law matter cannot be handled smoothly without the assistance of a legal expert.
Maatouks Family Lawyers will help you with your family law matters
We can assist you will all aspects of your Family Law Matter, including:
Our family law team is dedicated to giving the best customer experience which begins with courteous and respectful treatment of the clients. We have an empathetic approach towards our clients and listen to them first to understand the kind of emotional turmoil they are undergoing besides the legal complications. Though a family lawyer is not an expert in dealing with emotional turmoil, we do add a certain level of empathy to our services and do our best to lighten your burden so that you can deal with your state of mind and get back on your feet.
We have a solid experience of 30 years as a family law team and our lawyers are equally knowledgeable in all aspects of family law. Our Sydney family lawyers can provide absolute counselling and guidance on matters relating to divorce proceedings, de facto matters, property settlements, child custody, pre-nuptial agreements, consent orders, binding financial agreements and separation among several other issues relating to family law matters.
Complex Family Law matters
It is a general understanding that divorce proceedings include settlement of the property and all other related issues. However, a divorce only establishes that the marriage is dissolved and the involved parties are free to marry again. The legal process for the division of assets, settlement of finances and sundry other agreements is way too long and tedious for anyone to handle by themselves. A legal counsel should represent you to make sure you get your fair share as is legally possible. The divorce lawyers in Sydney can help with the whole process of family law matters that includes the dissolution of the marriage as well as the property division. Our family law team in Sydney can help and guide you throughout the process of family and divorce law.
As the name suggests, a divorce application is the first step to dissolving your marriage if you have decided to separate from your spouse. A divorce application may be a Joint Application when you and your spouse have mutually decided to separate. In this case, one of you would be applicant 1 and the other would be applicant 2. A Solo Application is required when one of you is applying for divorce in which case the one who is applying is the applicant and the other is the respondent.
The divorce application is a long process so, let us take a look at it step by step.
Get Your Supporting Documents
Before getting to the application stage, you need to get your supporting documents in order. The required documents depend on what your case is. Generally, the documents required are
So check with your legal counsel what would be the required documents for you and get them ready before you go to the next step.
An Affidavit is a legal document that will be used as evidence by the court to decide whether to grant you the divorce. An Affidavit is required in specific circumstances like
· If you do not have a Marriage Certificate.
· If you and your spouse lived in the same house during your minimum separation period.
· If you and your spouse have been married for less than two years and have not attended any kind of counselling.
· If your surname is not the same as your married or maiden name.
· If you do not know where your spouse is or having trouble serving your spouse.
The issues can all be mentioned in one Affidavit and if yours is a joint divorce application, your spouse may also have to prepare an Affidavit. Depending on your case and if the need is, you may also require a third-party Affidavit.
Divorce applications are all filed through the Commonwealth Courts Portal and they involve a nominal fee too. Family lawyers in Sydney can help you through the entire process from registering on the Commonwealth Courts Portal and creating a new application for divorce to completing your application and uploading your Affidavit.
You may apply for a reduction of fees for the divorce for general reasons or financial hardships. The general reasons include being in possession of a government concession card, receiving legal aid, receiving some kind of youth allowance, being in prison or some public institution, etc. In case you do not qualify for a general fee reduction, you may apply for financial hardship and be exempted from paying the court fees. The fees for the services, the transcripts and divorce order copies would need to be paid.
For all solo divorce applications, serving the spouse is an important or rather critical step. If the spouse is not served, your divorce application may be dismissed and if the spouse is living in Australia, they must be served more than 28 days before the hearing.
However, if the spouse is abroad, you get a window of 42 days before the hearing to serve them.
In case you are unable to serve your spouse, the court must be informed. You may request the court for substituted service which is permission from the court to serve them in a different way. Alternatively, you may request the court for dispensation of service, that is to not serve your spouse at all. One of these, that is either you serve your spouse or request the court for a dispensation or substituted service order will have to be done, failing which your divorce application may be dismissed. On the other hand, any type of request for substituted or dispensation of services could delay your divorce process further.
If your spouse is serving time, there are certain rules to be followed while serving them. The rules need to be adhered to failing which your divorce application could be adjourned or dismissed.
A Consent Order is made by the Family Court in case you and your spouse have decided to amicably settle the financial issues between you. It is not just about the finances but also about the future and well-being of your children. However, just because both parties have agreed, doesn’t mean an order can be simply made. The court needs to consider various factors like the finances of both parents and the child’s best interests. Our family lawyers can help you get Consent Orders and your fair share in property too. We can also help in making changes in the Consent Order to suit your situation.
Our family lawyers in Sydney provide confidential and extremely private consultations for your family law matter. We listen keenly and understand your position after which we can provide effective guidance to sort out all the legal matters involved in your divorce. You may also consult us over a phone call, and these consultations are absolutely free and are up to 15 minutes.
When there is an application for divorce, the court determines all the assets and liabilities involved in the marriage. Thereafter, the overall value of the assets is determined and the contributions of each party are assessed. Here the contributions may or may not be financial or economic. Finally, while deciding on how the assets will be divided, several other factors are taken into consideration like the health of the parties, their incomes, earning capacities, financial resources, superannuation, care of children under 18 and the amount required for child support.
The Family Court and the Federal Circuit Court oversee the property disputes spawning from divorce cases. Our family lawyer in Sydney can represent your case very well. They can guide you in getting your financial documents ready and present ample evidence of your contribution to the matrimonial assets. They can also put forth solid arguments to make sure you get your fair share.
Property Settlement
The custody battle is the most exhausting of proceedings in any divorce case where children are involved. This is not because of lengthy proceedings but because of the emotions involved. Children are given priority when settling family disputes and divorce cases. It is expected that during the entire process, you as one of the parties and as one of the parents should protect and safeguard the interests of your children against any kind of possible damage the divorce could have on them.
The divorce should be settled more amicably and the relationship of both parents with the children should not be disturbed. It is very important to note that asking the child to take sides during a dispute between the parents could harm the children in more ways than we know.
The Family Court and the Federal Circuit Court can decide on matters involving child custody and visitation rights. There are strict guidelines that aim at encouraging early and full disclosure about the case, helping find a quick resolution to the dispute and to encourage the parties to seek only realistic and reasonable orders. In case no agreement can be reached out to the court, the parties should be encouraged to identify the real issue for the dispute.
Family Lawyers in Sydney can help with Child Custody
The fees of the family lawyers in Sydney vary from case to case depending on the case requirements. Our family lawyers, being experts in family law can get your issues resolved in a way that you get what is rightfully yours and can also handhold you through the process while you deal with the emotional side of the separation process. To top it all, we offer free telephone consultations at Maatouks Law Firm.
When it comes to divorce proceedings, hiring a lawyer may be a good idea. Nevertheless, you may also choose to represent yourself depending on the complexity of your case. You may need a hire a lawyer when children are involved when you are not sure of what you are entitled to, when domestic violence is the reason for divorce, if there could be a dispute over the property division or if your partner has hired a lawyer. You may also want to hire a lawyer if you are unprepared emotionally to handle the legal aspects of your separation or divorce. On the whole, you hiring a family lawyer would only work in your best interests, especially if the case is complicated.
The time taken could vary from case to case. Generally, legal family law cases have several orders and court listings like the Consent Order, interim hearings, urgent interim hearings, extremely urgent hearings, final orders and appeals. The Consent Order could be processed anywhere between seven to 21 days while the interim hearings could take six to 10 weeks. Whereas the urgent hearings are listed within a time frame of seven to 14 days, the extremely urgent hearings are listed on the same day. The final orders are processed around 18 to 24 months from the date of filing.
Maatouks Law Group is proud to be one of the best family law firms in Sydney, with more than 30 years of experience, comes with legal expertise in all spheres of the law. We have offices in the Central Business District of Sydney, Liverpool, Narellan and Penrith, thereby catering to the whole state. From keeping your legal affairs under control to helping you get over the trauma of separation, we can lead you in the right direction. Our team is experienced and qualified to handle all kinds of issues related to family law and help clients.
We help with the documentation, the application, the evidence, the process, the discussions and the final outcome. Our name is synonymous with the most professional and yet the most empathetic team of lawyers as we treat our customers as humans and not as cases.
Get in touch today for family law services.