Knowing when to act and get yourself Sydney divorce lawyers is important so that you can remain in control and don’t get dictated throughout the period of legal proceedings.
In Australia, divorce is ruled under a ‘no-fault’ system meaning that no one partner in the relationships is classified as being at fault. You are able to file for a legal separation if you and your partner have been living separately for a minimum of twelve months which begins when one member of the marriage says something equivalent to “this marriage is over”. This means that as soon as you and your partner have agreed to separate you should be contacting the best family lawyers in Sydney so that you can get started on your separation plans.
In order for the annulment to be filed, this period of separation is required to be continuous and any period of reconciliation that is attempted by the couple will result in the separation period being reset upon continuing to live separately. Sydney divorce lawyers will be able to help you through this period and note the exact dates of separation and advise you as what constitutes as reconciliation.
It is important to note that a couple is able to be classified as living separately despite still living under the same roof and getting in contact with Sydney divorce lawyers early can help you to make suitable arrangements.
What does it take for divorce to be granted?
Firstly, an official application of annulment must be filed with the Federal Court and Sydney divorce lawyers will be able to help you with this process. Following this there are a number of things that must be proven in court for the annulment to be finalised and having Sydney divorce lawyers will ensure you attend the hearing well prepared.
- That there was a valid marriage
There must be proof that the persons filing for legal and official separation were engaged in a valid marriage. If the couple was married overseas then they will need a marriage certificate in English to be presented.
- Jurisdiction
An annulment can only be granted if at least one member of the party; regards Australia as their home, intends to or has lived their entire life in Australia or is an Australian citizen. Should any of these not be the case then there are reasonable grounds for an annulment not to be ordered.
- The marriage is broken down
The couple must be able to prove to the court that there is no way of making the current marriage work. There must be reasonable evidence to show that the marriage is no longer functional. Having Sydney divorce lawyers will help to prove this point as they will be able to best articulate the problems that have caused your desire for divorce. This is why it is important to be open and honest with your lawyer.
- Child care arrangements
For couples with children under the age of 18 it will need to be proven that appropriate care arrangements have been put in place. Sydney divorce lawyers will be able to aid in this area in regards to child custody and determine what the best course of action is for the children to ensure that an annulment will be ordered.
- Service
You will need to be able to show proof that the application and notification of annulment was presented to your partner no closer than 28 days prior to the hearing and this period must be greater, 42 days, if the former partner is living outside of Australia.
Ensuring that you meet all of these demands is important as you do not want the hearing to be drawn out. Employing Sydney divorce lawyers as soon as possible is the best course of action to ensure that you are well prepared for what is to come. Being well prepared will reduce the stress of this time and ensure that everything runs smoothly meaning that it can be completed sooner.