We can help you with:
Gathering Support Documentation
Gathering support documentation to build the strongest defence for your settlement claim.
Drafting Application for Divorce
Drafting of the application for divorce and filing with all supporting documentation to ensure the Court is satisfied it has jurisdiction to grant the divorce.
Child Custody Arrangements
Seeking arrangements that ensures your child’s best interests are met.
Representation in Court
Should your case require a court appearance, our lawyers will stand by you to argue your case.
Can AJB Stevens help me?
1. Do I need to get a divorce?
2. Do I need to wait to get divorced?
3. What do I need to know before applying for a divorce?
If you need assistance answering any of these questions, AJB Stevens is here to help. Our lawyers are the experts in divorce law in Sydney. We understand that the process of divorce can be both emotional and difficult. That’s why we practice compassion and empathy while ensuring your best interests are being looked after. Contact AJB Stevens to learn more about our divorce law services.
Free Claims Assessment *
Complete our online enquiry form below and speak with an experienced Senior Lawyer today.
Divorce Issues We Deal With
Divorce is an emotional, lengthy and complex process. Each divorce case is unique and requires dedicated individuals with a deep understanding of the intricacies of the law to ensure you are protected throughout the process. The lawyers of AJB Stevens will help you navigate through every stage of the divorce process. We’ll work to finalise your divorce in an empathetic and professional manner.
AJB Stevens lawyers are able to mediate between parties to help amicably settle disputes and resolve issues related to separation.
We can draw up legal documents with supporting documentation to satisfy Court requirements to finalise divorce proceedings.
Our lawyers can argue for spousal maintenance and child support payments to ensure your standard of living does not change after divorce or separation.
Valuation of Assets
Assets aren’t the only items to be taken into consideration. AJB Stevens lawyers will help you consider debts and other liabilities, as well as superannuation funds.
Divorce Involving Children
AJB Stevens works with divorce cases involving children to plan your course of action and ensure your child’s best interests are met.
Our lawyers will help you to define fair property divisions over the course of divorce proceedings.
Frequently Asked Questions
What is divorce?
Divorce is a formalised dissolution of a marriage in which each party divides up property and settle child custody in an amicable manner. Divorce ends a legally valid marriage. It’s slightly different from an annulment, which treats the marriage as if it never existed.
Do I need a Divorce Lawyer?
Having a divorce lawyer is not a legal requirement in Australia. However, divorce cases are often complicated by property settlement and child custody arrangements. Under these circumstances, it is highly recommended that you consult with a divorce lawyer to help you navigate the complexities involved in the process.
What happens to my children if I get divorced?
The Court in Australia will not grant a divorce until it is satisfied that appropriate arrangements have been made for all children under the age of 18. Those arrangements do not need to be formal, nor does that mean there is no dispute, but rather that the children are being properly provided for at the time of the divorce hearing.
How do I file for divorce?
To apply for a divorce in Australia, you need to file an application at the FCC (Federal Circuit Court).
You can apply for divorce on your own, or together with your spouse, known as a joint application. In Australia, the Family Law Act 1975 established the principle of no-fault divorce, meaning that the Court does not consider why the marriage ended. You must have been separated for twelve months prior to filing for divorce. If there are children under 18 years of age, until it is satisfied by the Court that proper arrangements have been made for them, a divorce will not be granted.
You must pay a fee when you file for divorce. Information about current fees are available on the fees section of family law courts website.
The process of filing and finalising a divorce can be complex. It is advisable to consult with a divorce lawyer that can help you navigate the divorce process and advise you so while watching out for your best interests.
What are the costs involved?
Every divorce case is unique, and costs vary according to variables such as if there are children involved if there are outside business interests, and what assets or liabilities might need to be settled. AJB Stevens has divorce lawyers that specialise in all aspects of divorce and can better advise you as to costs involved during a consultation.
Is there anything I need to consider before filing an application for divorce?
There are many things to consider before filing an application for divorce, including:
- How you will divide assets, debts, and property
- If there are business interests that need to be considered
- How you will share the custody of children under 18
- If there is child support or maintenance payments that should be considered
Divorce lawyers can help you sort through everything that needs due consideration and help you navigate your rights to find a fair and amicable resolution.
How is property divided during a divorce?
Although it is typically assumed that property will be divided equally between each party, this is not always the case. There is no formula that the courts use to determine a property settlement. However, there are a few guiding principles that the property settlement is based on. They are:
- The totality of your assets measured against your debts
- The direct financial contributions each party brought to the marriage or de facto relationship (wage and salary earnings, etc.)
- Indirect financial contributions by each party such (gifts, inheritance, etc.)
- Non-financial contributions to the marriage or de facto relationship (childcare, homemaking, etc.)
- Future requirements (a court will take into consideration age, health, financial resources, care of children and future earning ability)
Each situation is unique and will depend on the individual circumstances of your situation.
If I was married outside of Australia, can I still get divorced here?
If you were married overseas, you can still apply for divorce in Australia if:
- You or your spouse is an Australian citizen
- You can prove Australia is your main country of residence
- You can show you have lived in Australia for at least 12 months prior to your divorce
If you were married overseas, and need to explore your options for divorce in Australia, we recommend you seek professional local legal advice in order to explore your rights and your options.
If I have been married for less than 2 years, can I still get a divorce?
If you have been married for less than 2 years, you will only be permitted to apply for a divorce after both parties attend counselling. However, if there are unique circumstances involved, or if counselling cannot occur, you can file an affidavit with the Court explaining the extenuating circumstances.
In cases where you are seeking a divorce after less than 2 years of marriage, it is advisable to speak with a divorce lawyer who can assist in navigating the law to help advise you on your rights and obligations.
When is divorce considered final?
The divorce order is not final until one month and one day after the court finds the separation requirements have been met in a hearing.
Why Choose us?
At AJB Stevens, we pride ourselves on our ability to offer our clients a professional and personalised service. We focus all of our attention to helping you protect your legal rights and work to win your case. Our directors are personally involved in each case so you can rest assured that a senior team member is prioritising your case.
Take Advantage of our FREE claims assessment *
No Win, No Fee Compensation Representation *
A Lawyer is always available to speak to you
Ability to use Resolution Plus+ our case management system
We speak your language, our lawyers are fluent in 7 different languages
How can we help?
Each Medical Negligence case is different and unique in its own right. Seeking the help of AJB Stevens will ensure that you receive the compensation and entitlements you deserve to help get your life back on track.
“The team at AJB Stevens Lawyer have been nothing short of amazing. They played a pivotal role in my compensation claim and I would highly recommend their services for clients like myself” – Khoa, Canley Vale