The formal legal dissolution of a marriage is called “divorce”. This is carried out in those cases when the marriage is to be regarded as failed. This situation is given when cohabitation in itself is no longer given and it is also not expected that this will ever be the case again.
The presumption that the marriage has failed is supported by the fact that the spouses lived apart for a year (year of separation ) and either both apply for divorce, or one does so and the other agrees to the application. From a legal perspective, a divorce can entail some financial implications; the couple’s estate, any shared possessions or businesses and any children involved. Having legal representation when entering this process is a vital step to create a positive outcome and to walk you through every step of the process.
Our team of divorce lawyers are on hand to ensure that you have a smooth running divorce, which allows easy separation.
Our team handles all aspects, including separation, child custody, child support, spousal maintenance, and property settlement. Every aspect is a very tricky and detailed grey area, so a professional family law team must assist you in an understanding way with all your family law matters.
Our team of divorce lawyers are here to make this process an easier one and give you the legal advice you need when your marriage breaks down. We like to think we are the best family lawyers with the best knowledge of family law. You will find us at Maatouks Law Group.
Divorce isn’t easy, so we’re by your side.
We fully appreciate that divorce is a challenging time for all people involved, which is why our divorce lawyers work with this in mind. Family law issues are difficult and need care.
In advising and representing companies and executives in litigation, we face new challenges every day – with the experience, competence and expertise of our highly motivated and dynamic team. Our way of working is characterized by our caring nature to each client and our openness to help. Professional competence, independence, integrity, commitment are the key factors for the high-quality standards of our family law firm.
Our family law solicitors can view legal challenges from all angles and master them holistically, we want to ensure that there is no unrest among families when dealing with this tender manner of a marriage breakdown. Our family law firm is on hand every step of the way when your marriage is no longer salvageable.
Moving on with your life is the priority following the separation. It may be a mentally challenging time, but in the physical aspect, the gift of moving on is one that all clients desire. With separation lawyers, you can ensure that this is done promptly and with care and attention.
There are numerous factors involved with separating and family law, and many of those include children. Lawyers at our offices are well versed in every matter of divorce, to advise you best. We are the best family lawyers for your case and we are always here to prove it.
It’s important to educate yourself on divorce proceedings a little so that when it comes to chatting with one of our lawyers, you can get the best out of your free consultation with our amazing team of family lawyers. You can get a better picture of what may need to happen next and if it is a viable option for you at this time, both morally and financially.
FAQ regarding divorce
When you are making informed decisions about your imminent separation, it is best to speak to a professional. There are many things to consider also, which is why we have compiled an FAQ that will answer some questions that may be able to give you further information into what a law firm does and how a family lawyer would be able to assist you:
What is the difference between separation and divorce?
Separation does not end the marriage; it only enables the spouses to live separately from one another for an indefinite period. This may be the case in a de facto relationship.
This means that certain obligations of the spouse are no longer applicable (such as the obligation to live together or to be faithful), but various rights and obligations remain even after a separation (e.g. mutual inheritance rights, compulsory portion rights, entitlement to a survivor’s pension, etc.). Only with a divorce can a valid marriage be completely dissolved. The spouses acquire a single status again, but only in terms of civil law.
A divorce creates clarity and offers the possibility of remarriage for both partners, not in a church but a civil registry. It should also be known that child support is payable at the time of separation.
If one of the parents has already moved out and one of them does not provide child support through upbringing and care, he or she is obliged to pay the child support. Child custody, however, is something that would be later decided given the circumstances and situation of both parents.
This is under the umbrella of family law and family lawyers work out these terms for the divorce.
How do I apply for a divorce ?
Our team of family law specialists will be on hand to answer all your questions about how to apply for a divorce. Family law firms offer all the information on when is best to apply for a divorce and what is needed to apply for a divorce.
However, to give you an overview of this process – you will firstly need to complete an application for divorce online. You will need an email address to register and your spouse will also need to use the same application. Once these have been filled in, you will need to file the documents and then this will lead to a court hearing. It is important that you have a team by your side throughout this process.
It can be difficult and a lot to swallow when you’re going through difficult times. An accredited specialist family lawyer would be able to assist in the best decisions to make as well as any issues you may encounter when filling out any documentation. You may need to include some of the following documentation and data when applying and to show your lawyers:
What is a divorce lawyer?
This type of lawyer is often a compulsory component in any divorce. They will offer valuable legal advice.
They are responsible for ensuring the division of assets and the welfare of any children involved; including childcare and child support. Parenting arrangements can also be decided this way. This may also include property settlement, financial agreements and spousal maintenance. It is only possible to appoint a representative if the spouses have agreed on all basic divorce issues and spousal maintenance.
It is vital to have legal representation because the spouse who does not have their own is completely dependent on the other spouse and will have no representation.
Do I need a divorce lawyer?
In the event of a divorce, only the applicant is obliged to be represented by a lawyer. In the case of a mutual divorce, the other partner does not need their representative. You can get an application for divorce, but you may need assistance in doing so.
However, as soon as there is a dispute about details, professional assistance is recommended. As a rule, they will take care of family matters, which means spousal support, access rights, common household items, the property of the real estate.
Essentially, anyone wanting to get a divorce must take the first step to see a professional as part of the separation. They can advise you in such a way that the divorce results in as few disadvantages as possible. If you have a de facto relationship, which means you are living together but aren’t committed to marriage, you may still acquire information and advice about any rights.
If you are looking for a property settlement, you will need to enquire through your lawyers. You are likely to need some documentation when filing for your divorce, but an accredited specialist family lawyer will be able to talk you through what is needed.
Oftentimes you will need to provide details such as:
The documents required for joint children also include:
Again, parenting arrangements are often decided through family lawyers and it will always be in the best interests of the child.
How long does a divorce take?
The entire process takes 6 to 8 months usually and in this time your family lawyers will be able to talk you through what is happening and if anything needs to be done next.
However, sometimes divorces take longer; this may be due to several reasons; some of which include the lack of compliance from the spouse or other financial implications. If children are involved, it may take a little longer deciding on if they will be rehoused and who will gain custody.
How much does a divorce lawyer cost?
Costs will vary considerably depending on what is involved in the case and if it is deemed relatively straightforward. In the course of divorce you can face different costs:
Our team of impeccable family divorce lawyers will be able to offer you valuable advice with online chat and simple and effective communication. Normally, both spouses bear the costs – each individually. Half of the court costs incurred in the course of the divorce proceedings are shared between the spouses. Or some agreement is arranged to ensure that the proceedings can continue.
How long do I have to keep divorce papers?
You shouldn’t just throw away divorce papers after the divorce, even if this is something you wish to do. If you want to change your name or remarry, a final resolution should still be available and you should ensure that you keep this for future reference. If you need further legal advice, you may need these papers as proof to your lawyers or other representatives.
If one of the spouses entitled to compensation dies, the documents also make it easier to check if, for example, there is a change to the pension compensation.
If you no longer have the documents, there is still the possibility – within the judicial retention period – to obtain copies via the court at which the divorce with pension adjustment was carried out. You should always keep them safe and refer them back to a professional when necessary.
The bottom line…
Our team here prided ourselves on offering the most impeccable services, treating all clients with the utmost respect and courtesy. When a marriage fails, we know that this process is not easy; but you will never be treated as another statistic. We appreciate people for who they are, realising that every situation and divorce scenario is unique. We have four offices across Sydney, Liverpool, Narellan and Penrith. We pride ourselves on our knowledge of family law.
If you are looking for a good lawyer for your family law matters, you should first seek out all the reviews and testimonials – something we happily will share.
The first impression is decisive for law matters, which is why we employ only quality and experienced staff with a kind and understanding manner! Do they seem confident and secure to you? We like to think that our law firm can offer you all of this. Ask us about legal details on issues such as maintenance or custody of the children, because even in this way you can get an idea of the suitability.
We will assist you in all areas of your application for divorce and family law. We offer free consultations, which allow you to get a general overview of how we can help and the possible costs that will incur.
A free consultation also allows you to see our work firsthand, and have access to our friendly team of family lawyers. The divorce process can either be shorter or lengthy, so have us by your side! For more information please refer to our website- https://maatouks.com.au/ and contact someone today:
Maatouks Lawyers Sydney
Level 26, 1 Bligh Street
Sydney NSW 2000
Ph: 02 9601 7222
Fax: 02 9601 7622