Ending a marriage in divorce is a difficult and emotional choice for anyone to make, but the legal process is designed to minimise conflict and pain as much as possible, so that a fair agreement can be achieved.
At Diamond Conway, we work carefully to make the divorce process as smooth and angst-free as reasonably possible, supporting your case through mediation or in court proceedings.
Even though a divorce process will always be a hard time for all involved, Australian law today does not blame either party for the breakdown in the relationship. The law’s foremost priority is to reach a fair agreement, to give each party the best possible opportunity in their new separate life.
We have many years of experience in supporting our clients’ divorce cases to beneficial outcomes, with a respected record of success. Our team includes an accredited specialist in Family Law, partner Tom Doumanis. For legal advice on any aspect of a divorce, call us at Diamond Conway today on 02 9222 8000.
Mediation, Court and No-Fault Divorce
The experience of divorce is always hard on any couple, but the legal process to formalise one is straightforward and reasonable.
Obtaining a divorce – that is, the legal closing of a marriage – is only one aspect of a larger process, which will also involve the division of assets and property and custody of children. In those matters, the law favours meditation and negotiation over conflict in court. Even if reaching an agreement is difficult, the Family Law specialists at Diamond Conway can assist you at any stage in the divorce process, and to support your case as far as it needs to go.
In Australia, divorces are handled by one of two courts: the Family Court or the Federal Circuit Court (Federal Magistrates Court). This does not mean you necessarily have to attend court, or even that your case needs to enter into a court conflict. The court is simply the forum where a divorce is discussed and, as and when an agreement is reached, it is validated.
In Australian law, divorce is granted on a no-fault basis. That is, the court does not blame either partner for the end of the marriage. All that needs to be proven in court is that the relationship has broken down permanently. This is guaranteed by the Family Law Act of 1975.
The circumstances of every divorce, like those of every relationship, will be different, but in each case two criteria must be satisfied:
While a divorce always involves negotiating which spouse will receive certain property or assets, or the degree of custody they will have of children, the procedure for formalising the divorce itself usually follows three steps:
In some cases, especially if both you and your spouse agree that you will divorce, legal representation may not be necessary. The Family Court and the Federal Circuit Court websites offer information about how you can file for divorce yourself. If you and your spouse are in agreement, the procedure is clear and straightforward.
Not all divorces will be smooth or amicable, however, and if there is a degree of conflict in your situation, legal advice and support can alleviate much of the pain and stress. Court hearings for divorce can be especially emotional and difficult, but we can assist you with skill and compassion.
Divorces can be especially painful if they involve a sole applicant and a respondent. If you are in either position, at Diamond Conway we can assist you. As a sole applicant you may need help locating your spouse, serving the divorce application or dealing with any opposition from your spouse. If you are a respondent, you may need legal representation to express your objections to the divorce or to dispute the reasons given for it.
Divorces are never easy for either spouse to go through, but at Diamond Conway we have the years of experience and the dependable skill to offer your case the support it needs, whatever your situation. If you need legal assistance with any aspect of a divorce, call us today on 02 9222 8000.