Sydney's top 10 divorce lawyers - Lawyer.com.au (2023)

FAQs

How much does a divorce lawyer cost in Australia? ›

A solicitor commonly charges from $350 to $650 per hour. Barristers typically charge between $1,500 and $6,000 a day. You may also have to pay for other costs related to the legal proceedings, such as valuation costs or an accountant for valuing of the asset pool, complicated structures and asset protection schemes.

Many lawyers charge for time spent on your matter, and often this is at an hourly rate. In Australia, a lawyer's fees may start at around $200 for a less experienced lawyer and can be as high as $600 per hour for a highly specialised and experienced lawyer.

Divorce litigation can be a long and complicated process, so it's important to hire an experienced divorce attorney who can help you navigate the process and ensure that your rights are protected. If you're considering divorcing your spouse, contact an experienced divorce lawyer today to discuss your options.

To become a Family Lawyer in Australia you will need to apply to the local Law Society for a Practising Certificate. You'll then need to complete 18 to 24 months of supervised practice at a law firm. Pathways to becoming a practicing Family Lawyer typically require a combined 5-6 years of education and training.

The most typical division, however, is a 60/40 split. This typically happens when one person makes more money while the other has a greater share of the obligation for caring for the children after the divorce, or may have a limited ability to earn money or less superannuation.

In Case Of Divorce, Who Gets What, Australia? If the parties cannot decide how the assets are to be decided, it's left up to the family court to decide. As per the law, there's no strict formula for a divorce settlement in Australia. Contrary to popular perception, there's no 50-50 split rule.

The Divorce Process

In order to get divorced, there is generally no need to go to court at all.

If you don't know where your spouse is, and hence cannot serve a divorce summons on him/her in person, you may divorce through a process called substituted service. Substituted service is permitted when the defendant's exact whereabouts are unknown.

You should not make plans to remarry until your divorce order is finalised (in most cases, one month and one day after the divorce hearing). The divorce process takes time and you should not assume the divorce will be granted at the first court hearing.

How long does Australian divorce take? ›

It will take at least 4 months to obtain a final Divorce Order (formally known as a Divorce Certificate), longer if there are difficulties in serving your spouse. You shouldn't plan a remarriage without allowing enough time for the divorce to be finalised.

Australia has a 'no-fault' divorce system. This means you don't have to say or prove that someone has behaved badly to apply for a divorce. The easiest way to apply for a divorce is to complete an online application on the Commonwealth Courts Portal. You need to register to use the Portal.

If you need a lawyer, but can't afford to pay, you may be eligible to apply for legal aid . This means we may pay some or all of your legal fees if your case and personal circumstances meet our guidelines, including 'means' and 'merit' tests.

Community legal centres

They provide free legal help to those most in need. Contact the Community Legal Centres Australia (02 9264 9595) for all centres in Australia.

Usually, parties who are involved in family law proceedings pay their own legal costs. However, there are exceptions to this. The Court may order one party to pay the legal costs of another.

Most property proceedings result in a division of 55 to 65% in favour of the economically weaker spouse, historically the wife, before payment of legal fees. Nevertheless, the outcome of your property settlement will depend upon your practical circumstances, judicial determination in this field being discretionary.

What is grey divorce? This is a term coined for persons divorcing in their later years. However, some couples may not have married, but when separating in their later years, may fall under the de facto provisions of the Family Law Act 1975 (Cth).

More often than not, assets received as part of the property settlement will be capital assets, such as real property and shares. Generally when capital assets are transferred between two parties, the transfers will likely attract capital gains tax (CGT) for the party disposing of the asset.

Under the Family Law Act 1975, a person has a responsibility to financially assist their spouse, or former de facto partner, if that person cannot meet their own reasonable expenses from their personal income or assets.

If you're the one being served with an application for divorce then you generally won't have to pay any fees. However, if you want to oppose the divorce application or want to file a different order with the Courts, you will need to pay a fee to change the application.

Does a spouse automatically inherit everything Australia? ›

According to NSW intestacy law, if a person dies without a Will, the spouse is entitled to the whole estate unless the deceased has children from previous relationships.

Men Are More Likely to Remarry

The rate for women was significantly lower, at only 19.4 per 1,000 women eligible for remarriage. This data indicates that men are consistently more likely to attempt a second marriage than women. Over the past decade, there has been a decline in remarriage rates for both men and women.

During separation, who pays the bills? As a general rule, household bills should be paid in exactly the same way for the period between separation and divorce, as they were during the course of the marriage. This applies to all the usual types of household expenditure, including: Mortgage/rent payments.

The length of time you're separated will have no bearing on the cost of your divorce. Thus, it does not become free when you have been separated after so many years. Since the introduction of no-fault divorces in April 2022, you won't need to use separation for five years as a reason to get the divorce approved.

It is impossible to file divorce within 15 days of marriage,the limitation is under marriage act is one year and only you can nullify the marriage by filing for nullification within period of one year of the marriage, which is not divorce, the entire nullification proceedings has to be completed within one year if the ...

In matrimonial law, abandonment is a form of marital misconduct which occurs when one spouse brings the cohabitation to an end (1) without justification, (2) without consent, and (3) without intention of renewing the marital relationship.

If you don't want a divorce but your spouse does, you have few options if your spouse has made up his mind. You may try to talk through your issues as a couple, and you may consider marriage counseling or legal separation for a period of time. What's most important, however, is not to be legally uncooperative.

To apply for a divorce, you must have been separated for at least 12 months, and you or your spouse must: be an Australian citizen, or. live in Australia and regard Australia as your permanent home, or. ordinarily live in Australia and have done so for at least 12 months before the divorce application.

The fastest way to get a divorce and the one that's most efficient is filing a joint application. Filing a joint application means you don't have to bother with the official and legal serving divorce papers process.

What is the first step to divorce in Australia? ›

Applications for divorce should be eFiled online using the Commonwealth Courts Portal online form. This allows you, within the Court's secure website, to access your court file, the ability to eFile and access court orders 24/7. You may prepare your own divorce application or ask a lawyer to do it for you.

If you are married – after a divorce is finalised, your ex wife or partner is entitled to make a claim for your superannuation for up to a year. If you are in a de facto relationship – after separation, your ex partner is is entitled to make a claim for your superannuation for up to 2 years post the separation date.

Opposing a divorce is very limited if the court is satisfied that the marriage has broken down irretrievably and the parties have been separated for a minimum of 12 months. The Court can grant a divorce order, even if the spouse refuses to sign any documents.

If you are not an Australian citizen or permanent resident but have been living in Australia for at least 12 months before applying to the Court for a divorce, you will need to provide evidence that you have been resident in Australia for the past 12 months.

Domestic Violence or Emotional Abuse

Domestic violence is one of the most leading reasons for divorce in Australia. It is a serious issue that can have a significant impact on the lives of those affected. Moreover, the Family Law Act recognises the importance of protecting victims of domestic violence.

When does the divorce become final? If the court grants the divorce, it becomes final one month and one day after the hearing date. After that time, you can download the divorce order from the Commonwealth Courts Portal.

If you're the one being served with an application for divorce then you generally won't have to pay any fees. However, if you want to oppose the divorce application or want to file a different order with the Courts, you will need to pay a fee to change the application.

Australia has a 'no-fault' divorce system. This means you don't have to say or prove that someone has behaved badly to apply for a divorce. The easiest way to apply for a divorce is to complete an online application on the Commonwealth Courts Portal. You need to register to use the Portal.

The payment of spousal maintenance can be ordered for an indefinite period of time or it can be ordered for a specific periodic of time with a set end date. Alternatively, parties can opt out of paying spousal maintenance by entering into a binding financial agreement.

What a woman should ask for in a divorce settlement? ›

A Fair Share of Assets

The longer you and your partner were married, the more likely it is that you have tons of intermingled marital assets that need to be separated and divided. If your marital assets include businesses, antiques, or real estate, ensure that you are getting a fair hand in the division.

However, during the divorce process, the court may award temporary spousal support to the spouse who cannot support themselves. That's because the couple is still legally married, meaning the spouse who can pay spousal support has a legal obligation to support the spouse who needs it.

In Australia, there is no such thing as an instantaneous or a fast divorce. In order to apply for divorce, partners must be separated for a period of at least 12 months. If there is a period of failed reconciliation for three months or more, the 12-month separation restarts.

Both you and your spouse are equally entitled to live in the marital home during separation – ownership of the property is not relevant. Anyone can also leave the marital home during separation but no one can be forced to. This means you cannot make your spouse leave and then change the locks.