Justice Family Lawyers
Personal connection, professional advice.
Justice Family Lawyers Sydney
SYDNEY'S LEADING FAMILY LAW FIRM
Lawyers To Assist You Through Your Matter
As accomplished lawyers, we are confident we can provide you with expert legal advice about the legal system in Australia.
Our personal service, communication and legal knowledge will ensure the smoothest process for your family law matter.
We provide quality advice for all matters about divorce, financial separation and contested estates.
Our lawyers are ready to discuss your case and advise you on your individual situation.
Getting started with Justice Family Lawyers is simple.
You will need to book an initial consultation with one of our lawyers so they can provide you with advice about your individual situation.
Booking a conference is easy.
Once you meet us at our office or over the phone, we will advise you as to how much we estimate your matter will cost and how long we estimate it will take to finalise your matter.
You will then decide as to whether you would like to proceed with our services.
We pride ourselves on maintaining a high level of client satisfaction and constantly request feedback from our clients in order to improve our services.
Every client that we see has an opportunity to review us and provide us with feedback about our services.
We are open about the feedback we receive and publish it online for all to see.
We believe that our growth is linked to our consistency in providing you with a high level of service and outstanding results.
Justice Family Lawyers prides itself on connecting with our clients on a personal level whilst providing professional and sensible advice.
Our focus is getting you the outcome you want quickly and in a cost efficent manner so that you can move on with your life.
We hold an exceptional track record of successfully resolving matters before reaching court and litigating matters in court.
We will be analysing the situation and coming up with ways to potentially mediate your matter through tactful negotiations.
We are committed to help you finalise your dispute allowing you to move on with your life.
Our specialist lawyers are in the best position to provide you with realistic and practical advice without delay.
Early advice can affect the long-term result of your case.
Our services allow you to phone or email us and we will respond to you providing an answer or resolution on the area you are seeking clarification on.
To get a divorce in Australia you must show that the courts in Australia have jurisdiction to order a divorce.
To establish this, one of the following must apply to you:
You or your partner need to be an Australian citizen; or
You or your partner need to be ordinarily living in Australia for at least the past 12 months; or
You or your partner need to regard Australia as your home with the intention of living in Australia indefinitely.
Before you can get a divorce, you must be able to satisfy the court that you and your spouse have been separated for at least 12 months.
There must be no reasonable likelihood that you and your spouse will get back together.
You will need to provide a copy of your marriage certificate to the Family Court.
If you married in another country and your marriage certificate is not in English, you will need to have it translated.
If you fulfill these requirements, you are then eligible to apply for divorce.
You and your spouse do not have to make the divorce application together. You can make a sole application or a joint application. The divorce application comprises a form to fill out and then lodge with the court. The application should be lodged online via the Commonwealth Courts Portal. Depending on your own circumstances, you may need to file additional documents, such as affidavits, to support your divorce application.
If you are making a sole application, you will need to notify your spouse that you have applied for divorce.
This is called serving the application for divorce on your spouse. Court attendance may or may not be necessary for you to get a divorce.
The court may grant your divorce, dismiss your application or adjourn the case if they require further information.
When the court grants your divorce, it will become final one month and one day after the court makes the order.
After a separation or divorce, couples can apply to the court for a property settlement if they cannot agree about how they want their assets divided.
There is no set percentage or fixed rates as to how assets are divided in Australia.
The court looks at a variety of factors to determine a result that is just and equitable for both parties. A property settlement is not automatic when a divorce is granted.
A divorce order simply ends the marriage; financial orders for the division of assets are made separately. There is a time limit for when a couple can apply for financial orders.
Married couples can apply for a property settlement after separation until up to one year after the finalisation of their divorce.
De facto couples can apply for a property settlement up until two years after their date of separation.
It is difficult to predict the result of a property settlement, even by examining similar past cases, because the court looks at each case individually.
They will look at the value of current assets and liabilities as well as the contributions each party has made to the relationship since it began.
These contributions are categorised as direct financial contributions such as income earning, indirect financial contributions such as inheritances, and non-financial contributions such as looking after children and household maintenance.
Lastly, the court considers each party’s future needs based on their age, health and income-earning capacity.
The property to be shared between the parties makes up a divisible asset pool. Based on their contributions and future needs, the court will determine the percentage of the property pool that each party will receive.
A consent order is a type of court order made when the parties involved have already come to an agreement outside of court and wish to make this agreement official.
Consent orders do not involve court hearings. Instead of the court hearing the case and making their decision about what the orders should be, the parties draft their own orders and apply to the court to have these orders approved.
If the court accepts and approves an application for consent orders, the orders become enforceable, like any other court order, and both parties must follow them as they have been set out.
Going against court orders is called contravention or breach of orders.
Consent orders can be about custody of children, parenting arrangements and parental responsibility as well as financial matters such as property settlement and spousal maintenance.
You can apply for different types of consent orders (parenting or financial) at the same time.
Your case may already be ongoing in court or it may not have ever been before a court.
If you and the other party come to an agreement during the legal proceedings, you can make an application for consent orders to resolve the current family dispute.
When both parties sign the consent orders, this shows the court that they have reached a consensus and are satisfied with the proposed orders.
Consent orders can also be used to change or to end existing family court orders.
For example, if certain parenting orders are no longer practical because one party has moved to a new house, the parties can apply for consent orders to adapt their current parenting orders if they both agree on the change.