Click here to meet and greet the people behind the name.Send this page to a friend or family member.
Do you know of some one who is need of this information, Click here to send them a link to this page.Give us your feedback!
At VML we value your feedback, please feel free to click here and express your matters so we can serve you better!
The Family Law system will always encourage family and relationships counselling before couples make any major decisions about the future. When separation is inevitable, dispute resolution will be used to help both parties reach a mutual decision about the best course of action. This is particularly important when children are involved.
Divorce only applies to married people as it concerns the dissolution of the legal bonds of marriage between two adult parties. Divorce is separate from dealing with other matters such as property settlement and parenting matters.
However, once you have filed a divorce and obtained a divorce order, the time for you to file an application in relation to the other matters are generally limited to twelve (12) months.
Before you file an application for a divorce, you must be able to prove that your “marriage has broken down irretrievably”. In practice, this simply requires you to evidence a twelve (12) month’s separation.
Also, a divorce order is a “non-discretionary” form of relief. This means, as long as you can evidence the 12 month’s separation immediately preceding the date of the filing of the application, a divorce order must be granted by the Court.
No. The court will accept the parties may have separated notwithstanding they still be living under the same roof.
To evidence separation under the same roof you will be required to file an affidavit (sworn statement) along with your divorce application. The affidavit will provides evidence of the arrangement entered into between parties to the marriage after the separation. We can assist you in preparing that affidavit.
Either party to the marriage can file for divorce without the need to obtain the consent from the other party.
If there’s children (under the age of 18), the Court will not grant a divorce order unless:
If your marriage is less than two (2) years at the time you file your divorce application you will be required to attend counselling sessions before a divorce order is granted (unless there are some special circumstances to justify an exemption).
Once the application is filed, you will be given a hearing date and your spouse must be served with a copy of the application at least 28 days before the hearing. Your spouse does not have to attend the hearing with you, unless children are involved.
If the Court is satisfied that the requirements have been met, a Divorce Order will be issued.
We can assist you in the entire process from the preparation of the divorce application, representation in your divorce hearing and obtaining the divorce order.
We offer a fixed fee arrangement for this service.
Contact us now to make an appointment for your free initial consultation.Useful links:
If you need a lawyer to help you through your divorce, let Versace McKenzie Lawyers help you through this tough time. With our fixed fee arrangement, you can rest assured that you won't be facing any unexpected legal costs.
Call Versace McKenzie Lawyers today on 02 9251 3150, 02 4934 9966, or fill out our Online Family Law Enquiry Form.
9-13 Young Street,
Sydney NSW 2000
Unit 3, 12 Ken Tubman Drive
Maitland NSW 2320
Level 6, 10 Help Street
Chatswood NSW 2067
Suite 3.11 Platinum
4 Ilya Avenue
Erina NSW 2250
671-677 Hunter Street
Newcastle NSW 2300
Areas of Practice
Former managing director of stockbroking firm convicted of insider trading 23/05/2013 7:49:59 PM
AGL ordered to pay $1.5 million for illegal door-to-door sales practices 22/05/2013 7:26:16 PM
Advertising of live odds to be banned in South Australia 21/05/2013 8:54:18 PM