As a family lawyer, I am often asked “is it complicated to get divorced?” and “how much does it cost to get divorced?”. My response is always the same, “do you mean an Application for Divorce or separation?”.
It’s easy to understand the confusion between the two concepts, but it is important to know the difference.
A top Sydney family lawyer will be able to provide you with specific advice relevant to your situation.
Divorce
The Family Law Act 1975 (Cth) defines ‘divorce’ as “the termination of a marriage otherwise than by the death of a party to the marriage”.
This means that when a Registrar of the Court grants an Application and makes a Divorce Order, you and your spouse are no longer married.
And whilst an Application for Divorce can be as simple as completing the application form, there are many aspects that need to be considered to see if you are eligible for divorce or if further evidence needs to be put before the Court. These can include how long you have been separated, are you still living under the same roof, and what are the care arrangements if there are children of the relationship.
So now that we know that divorce simply ends a marriage, what happens to the property you own and the children you have been raising together?
Separation
Separation can occur in many ways, with no two matters the same. However, it is always best to finalise your separation in a formal document, referred by family lawyers as Consent Orders or a Binding Financial Agreement.
Parenting
When children are involved, it can be helpful to have parenting orders in place to understand how parenting responsibilities and time with the children will be separated and shared between you and their other parent.
When the Court makes Parenting Orders, the paramount consideration taken is what is in the best interests of the children.
Property
Now, before you proceed with filing an Application for Divorce and selling the house, it is important to know what your financial position is and what you are entitled to.
We can help you understand the financial aspects of your relationship and advise you on how parenting arrangements can affect the overall outcome of your property division.
It is important to know that there are time limits for making an application to the Court for Property Orders if you are already divorced.
You should obtain advice from a top family lawyer in Sydney, or in Australia, specific to your situation.
What happens next?
Our team of family lawyers at Barker Evans are here to guide and support you through the process of divorce and/or separation.
If you have any questions or are ready to get started, contact us to book in your initial conference on (02) 8379 1892 or email us at info@barkerevans.com.au.