DIVORCE LAWYERS SYDNEY

HELPING YOU REBUILD & MOVE FORWARD FOR THE BETTER

Following the path of divorce can be one of the most challenging experiences you and your family may face.

Understanding the complexities and emotional toll it can take, you need a partner to guide you through each step of the legal process with compassion and expertise.

At Dettmann Phair Lawyers, we are recognised as one of Sydney’s leading family law firms specialising in divorce matters.

Our family law team is dedicated to providing personalised advice and robust representation to ensure the best possible outcomes for your situation.

Whether you’re seeking guidance on marital separation, aiming for favourable outcomes for child support, or looking to secure your financial future post-divorce, we are here to offer tailored solutions regarding all complex family law matters.

Contact us today to discover how we can assist you in your case.

WHAT IS DIVORCE?

Divorce is the irreconcilable brcoeakdown of a marriage between two parties. It is a legal process that must be undertaken to ensure this separation is officially recognised.

There are many legal proceedings that accompany this family law matter. This includes the asset/property settlement, child custody (if relevant) and other family law services.

The legal system can be tricky when it comes to these subjects, especially when you are already in an emotionally charged situation.

You can rely on our divorce lawyers in Sydney to provide comprehensive support and expert advice, ensuring you are well-informed and represented throughout the entire legal process.

We can provide legal expertise in a range of divorce family law matters, including:

• Property settlements
• De facto relationships
• Child custody & parenting arrangements
• Spousal maintenance
• Other family law disputes

DATE OF FINAL SEPARATION

A divorce will only be granted if you can prove that your relationship issues are irreconcilable. This means you must live apart for at least 12 months before you can apply for a divorce.

FILE APPLICATION FOR DIVORCE

After you have lived apart for 12 months, you are able to file for divorce. You require certain documents including:

• Divorce Application Form
• Proof of Jurisdiction
• Marriage Certificate
• An affidavit – If you have been living separately but in the same location

After these have been filled, the court will organise a date for when the hearing will occur.

DOCUMENTS SERVED

The other party must be provided with all relevant documents being submitted to Family Court, which includes the application for divorce, an acknowledgement of service form, an affidavit for eFiling, and other supporting documents.

The applicant for divorce cannot serve these documents to the other party themselves. They must have a legal representative (e.g., a divorce lawyer or process server) serve the documents on their behalf.

Once these documents have been filled out and filed, the application for divorce has been completed.

COURT HEARING

Once the application is sorted, you will given a set date for your court hearing. The people involved must attend the hearing. A party’s legal representative may attend on their behalf if they cannot attend.

DO I NEED TO PROVIDE PROOF?

In 1975, Australia introduced a ‘No Fault System’, meaning you do not need to provide proof of a reason for divorce. However, you do need to prove that the relationship has completely broken down and is not salvageable at all. The court will take into account many other factors when you make an application for divorce, such as child custody and asset distribution. It is best to have family lawyers with you to guide you through these proceedings and provide advice.

WHAT ARE THE STEPS I MUST TAKE TO GET A DIVORCE?

At Dettmann Phair Lawyers, we understand the emotional and logistical complexities involved in ending a marriage.

Our goal is to provide you with a clear roadmap of the process, ensuring that you are fully informed and supported every step of the way.

We’re here to guide you through the necessary steps to navigate your divorce smoothly and efficiently, always with a focus on achieving the best possible outcome for you and your loved ones.

There are many steps involved for a divorce to be fully granted. This includes:

DATE OF FINAL SEPARATION

A divorce will only be granted if you can prove that your relationship issues are irreconcilable. This means you must live apart for at least 12 months before you can make application for a divorce.

COURT HEARING

Once the application has been filed, you will receive a date for your court hearing. The people involved must attend the hearing, or their family lawyer may attend on their behalf if they cannot attend.

DIVORCE ORDER

After your application has been processed, you will be notified of your court hearing date. The people involved must attend the hearing. A party’s legal representative may attend on their behalf if they cannot attend.

If all requirements have been met and there has been a separation of 12 or more months, then the divorce will be granted. It will become final one month and one day after it has been granted, and the marriage will then be officially dissolved.

The steps above can be complicated and overwhelming – which is why we recommend our family law clients get legal representation that’ll help them through the entire process. That’s where we come in.

GUIDING YOU THROUGH THE DIVORCE PROCESS WITH CONFIDENCE

At Dettmann Phair Lawyers, our family law firm has been guiding individuals through the complexities of divorce with empathy and professionalism since 2001.

Understanding the emotional weight and challenges divorce brings, our commitment is to provide steadfast support and personalised legal expertise from start to finish.

We prioritise your unique needs and circumstances, ensuring a compassionate and strategic approach to secure the best possible outcomes – no matter what the family law dispute is.

With our Sydney family lawyers at your side, you can navigate this transitional period with assurance and the knowledge that your interests are being protected.

Reach out to us today to learn how we can help you step confidently into the next chapter of your life.

Frequently Asked Questions

How long do I need to be separated before I can apply for a divorce?

You must be separated for at least 12 months before applying for a divorce. This period helps confirm that the marriage has irretrievably broken down.

Will I need to attend court for my divorce?

Most divorce cases require attendance at a court hearing, especially if there are disputes over children or property. However, in some cases, especially if it’s an uncontested divorce, your lawyer may attend on your behalf.

How do Dettmann Phair Lawyers support me through my divorce?

Our team of accredited specialist family lawyers offers comprehensive support, from initial advice and filing your application to representation in court. We prioritise your emotional well-being and legal interests, ensuring a smooth and informed divorce process.

What should I bring to my first consultation?

Bring any relevant legal documents, such as marriage certificates, separation agreements, and financial records. This information will help us understand your situation better and provide tailored advice.

What if my spouse doesn’t agree to the divorce?

Even if your spouse disagrees, you can still proceed with a divorce application after the 12-month separation period. We can guide you through the process and represent your interests.

How long does the divorce process take?

The duration varies depending on the complexity of your case and court schedules. Generally, once filed, a divorce order may take several months to be finalised.

How can I ensure the best outcome for my children during the divorce?

We focus on child-centric solutions that prioritise the well-being and interests of your children, including custody arrangements and support.

Is it possible to handle my divorce without going to court?

In some cases, divorce and related matters can be resolved through mediation and negotiation, avoiding court. We can assist in facilitating these alternative dispute-resolution methods.