Separation and Divorce
At Drinkwater Criminal and Family Lawyers, we understand that navigating the complexities of separation and divorce can be emotionally challenging and legally intricate. Serving clients in Forster, Taree, Newcastle and surrounding areas, our dedicated legal team offers compassionate guidance and expert representation throughout the entire process.
Understanding Separation and Divorce in New South Wales
In Australia, the legal framework governing divorce is the Family Law Act 1975, which establishes a "no-fault" divorce system. This means that the court does not consider the reasons for the marriage breakdown; instead, the sole ground for divorce is the irretrievable breakdown of the marriage, demonstrated by a 12-month separation period.
Key Considerations:
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Separation Period: You and your spouse must have been separated for at least 12 months and one day before applying for a divorce. It's possible to be considered separated while living under the same roof, provided certain criteria are met.
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Residency Requirements: To apply for a divorce in Australia, either you or your spouse must:
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Marriage Duration: If you've been married for less than two years, additional requirements include attending counselling sessions and obtaining a counselling certificate, or seeking the court's permission to apply for a divorce without this certificate.
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Children Under 18: If there are children under 18, the court must be satisfied that proper arrangements have been made for their care before granting a divorce.
Our Legal Services
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Personalised Legal Advice: We provide tailored advice to help you understand your rights and obligations during separation and divorce.
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Assistance with Divorce Applications: Our team guides you through the preparation and filing of divorce applications, ensuring all requirements are met.
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Representation in Court: If court appearances are necessary, we offer strong representation to advocate on your behalf.
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Child Custody and Support: We assist in negotiating and formalising parenting arrangements that prioritise the best interests of your children.
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Property and Financial Settlements: Our lawyers help in the fair division of assets and liabilities, aiming for equitable outcomes.
Why Choose Drinkwater Lawyers
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Local Expertise: With a strong presence in Forster, Taree, Newcastle, and surrounding regions, we have an in-depth understanding of the local legal landscape.
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Client-Centric Approach: We prioritise your well-being, offering compassionate and personalised legal strategies tailored to your unique circumstances.
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Comprehensive Support: From initial consultations to final resolutions, we stand by you at every stage, ensuring clarity and confidence throughout the legal process.
Contact Us
If you're contemplating separation or divorce and need expert legal assistance, it's essential to seek professional advice promptly. Contact Drinkwater Criminal and Family Lawyers today to schedule a confidential consultation. Let us provide the support and guidance you need to navigate this challenging time effectively.
