DIVORCE AND SEPARATION
EM Family Lawyers is a specialist law firm based in Sydney, Australia, which provides legal advice and representation in the area of family law. Our experienced lawyers are dedicated to helping clients reach the best possible outcomes in their family law matters, including legal separation and divorce. We understand the complexity of the family law system and the emotional and financial stress clients can experience during these challenging times. We are committed to providing clients with the expert legal advice they need, while also taking into consideration their individual needs and circumstances. Our goal is to ensure clients can make informed decisions and confidently move forward with their lives.
Obtaining a Divorce
When married couples separate, there is only one ground for the grant of a Divorce Order, and that is the irretrievable breakdown of the marriage. This is established by the parties being separated for a minimum of 12 months. In some circumstances, parties can be living under the same roof and still be able to establish this ground.
Our experienced Family Lawyers are well versed in the divorce and separation process. We can make the application seeking a Divorce Order
for you, arrange for service of the Divorce Application upon your spouse and appear on your behalf at the hearing before the Court.
Once the Divorce Order is granted, a Divorce Order will be issued 1 month and 1 day after the Hearing date. Neither party may remarry prior to the issue of the Divorce Order.
Divorce proceedings are separate to proceedings which may be commenced in relation to financial and parenting issues. An application seeking orders in relation to property and/or parenting/children’s matters can be made to the Court, or resolved by agreement, before or after the parties are divorced. Therefore once a married couple has separated, they may proceed to resolve all financial and parenting matters as soon as they are ready to do so. However, a time limit applies once a Divorce Order is made. An Application for property settlement and/or spouse maintenance must be brought within one year of the Divorce Order becoming final.
SEPARATION IN DE FACTO RELATIONSHIPS
When parties have lived together in a de facto relationship, unlike marriage, there is no formal ceremony to mark the commencement of the relationship or procedure to formalise its conclusion, such as Divorce. This can cause disputes between separating couples when determining the length of a relationship.
A de facto relationship must be longer than 2 years for the Family Law Act to apply. However, the Court may still have jurisdiction over financial matters in de facto relationships which are less than 2 years, if a party to the relationship has made contributions during the relationship, and/or there is a child of the relationship.
Edwards Family Lawyers can advise you on whether your relationship falls within the provisions of the Family Law Act.
Contact us for a confidential discussion concerning these issues.
Accredited Family Law Specialist
Members of our senior legal team are accredited Family Law Specialists. In the legal profession an Accredited Specialist is a practising solicitor who has demonstrated specialised competence in a particular area of law and has been conferred Specialist Accreditation by the Law Society under its Specialist Accreditation Scheme. Edwards Family Lawyers is a highly experienced specialist family law firm that has 3 accredited specialists working out of our offices in Sydney CBD and North Sydney.
Our Services
Divorce & Separation
Expert divorce lawyers
When married couples separate, there is only one ground for the grant of a Divorce Order, and that is the irretrievable breakdown of the marriage. This is established by the parties being separated for a minimum of 12 months. In some circumstances, parties can be living under the same roof and still be able to establish this ground.
Property Settlement
Expert property settlement lawyers
Edwards Family Lawyers can assist you and your spouse/partner to come to an agreement in relation to all financial matters and issues arising from the breakdown of a relationship, including the division of all assets and liabilities, spouse maintenance payments, superannuation splitting orders and child support departure Orders.
Negotiation & Resolution
Expert negotiation and resolution lawyers
Opportunities for negotiation and settlement exist not only before proceedings are commenced, but also after proceedings have been commenced and right up until the time that the Court finally hears and determines the matter. Parties can settle a matter at any time.
Parenting & Children
Parenting and Children Family Lawyers
The best interests of the children is the paramount consideration when determining the most appropriate and suitable arrangements for the children after a separation. At Edwards Family Lawyers, we encourage our clients to participate in the counselling or mediation services available to assist them to reach an agreement with their spouse/former partner
Mediation Services
Mediation Lawyers
Edwards Family Lawyers offer Mediation Services to assist parties to engage in effective dispute resolution. Our Principal, Frances Edwards, has extensive experience in negotiating settlements in both parenting and property matters, and is a National Accredited Mediator and member of LEADR and IAMA.
De Facto
De Facto Lawyers
De Facto couples (including same sex couples) who separate after 1 March 2009 have the same rights as married couples. The rights and obligations of couples upon the breakdown of a Marriage or De Facto relationship are now all governed by the Family Law Act 1975. De Facto couples who separated prior to 1 March 2009 are still covered by the old State legislation
Our Family Lawyers are here to help
We navigate legal issues for our clients with empathy and a deep understanding of the associated stresses and implications. We can help you, like we have helped many clients in Sydney.
Schedule a call back
Edwards Family Lawyers is committed to providing expert advice on all areas of Family Law following the breakdown of your marriage or de facto relationship, including same-sex relationships.
Liability limited by a scheme approved under Professional Standards Legislation
We acknowledge the Cammeraygal and Gadigal people being the traditional owners of the land on which we work and their elders past and present.
