3rd level template 20230706
Sydney Divorce & Family Lawyers
Facts, Free Consult & Prices
Home » Archives for Jaswinder (Jas) Singh Sekhon » Page 18
Australian Divorce Law Insights & Tips 2023
Understand The Complex World of Divorce Proceedings.
Divorce insights, facts and information with expert legal and divorce tips, from Senior Lawyer and Principal Jaswinder (Jas) Sekhon, Goldman Lawyers.
Divorce DIY Guided Self Help starts from a fixed fees of $200 to $500. Full service where we handle it all will be about $900 in lawyers’ fees and up to $940 in Government Fees.
We also offer a free first consult with a Senior Lawyer. Book yours by clicking the button below.




How to Start Your Divorce Application
Step 1: Your Relationship Must Have Ended
The first step towards filing for divorce in Australia involves meeting certain prerequisites. These include providing evidence of an irretrievably broken marriage, a minimum separation period of 12 months, and no possibility of reconciliation. Let’s take a deeper dive into what this means.
“Clients call and ask our lawyers to start a divorce. BUT, their priorities quickly change, to parenting or money! You don’t need a divorce to do parenting or financial applications. A divorce is the last step!”
Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law
An irretrievable breakdown of a marriage indicates that the relationship has reached a point where it cannot be restored. This must be substantiated by demonstrating that you and your spouse have lived separately for at least one year and that there is no chance of you reconciling. Separation can sometimes be tricky to prove, especially in cases where couples have been ‘on and off’, or have separated while still living under the same roof. In these situations, further evidence will be required, often in the form of an affidavit.
Step 2- Submit a Online Application
To support your claim, a valid marriage certificate will be needed when filing for divorce. This application is typically filed online via the Commonwealth Courts Portal. The submission process may seem daunting, but rest assured, a Goldman senior lawyer can you provide necessary help with low cost options such as Guided Self Help.
Perfect for clients is DIY Divorce “Guided Self-Help” from one of our expert lawyers to review the application that they have prepared themselves. Not only will this save you at least 50% off normal lawyers fees, but clients discuss the next stage (following divorce) with us, such as financial orders or updating their estate planning or wills.”
Practical Legal Expert Tips – Jaswinder (Jas) Sekhon; Principal Goldman Law
Divorce Applications - How Long Does It Take
Upon submitting your application, it will be evaluated by a Registrar. This evaluation period can vary depending on the nature of your marriage – for instance, if it is a joint divorce application, or if there are children under 18 involved. If the need arises for additional information, via an affidavit. Mr Sekhon recommends your attendance at the divorce hearing, if required and we can guide you through this process. (“Guided Self Help”). Typically the court responds in two weeks and a date is given for next step.
Step 3: Update Your Will While You Wait
If your divorce order is granted, it becomes final after one day and one month. During this interim period, it’s crucial to consider the effect your divorce may have on your Will, which could render some parts or the whole of your Will invalid.
12/24 Months Deadline For Financial Orders
Step 4: Start Claiming Your Money and Assets.
One of the pivotal areas of divorce proceedings is the division of assets, termed financial orders. Following the grant of your divorce, you have a 12-month window to file applications for property settlements and/or spousal maintenance. In certain circumstances, this period may be extended, but this is dependent on proof of hardship or an inability to support oneself without income support.
Understanding "No-Fault" Divorce
A unique aspect of the Australian divorce system is its ‘no-fault’ divorce principle. The court does not consider the factors that led to the breakdown of the marriage, such as infidelity. According to Sekhon, this no-fault system doesn’t assign blame to either party, focusing instead on the fact that the relationship has irretrievably broken down, as evidenced by a separation period of at least 12 months.
Practical Legal Expert Tips – Jaswinder (Jas) Sekhon; Principal Goldman Law
International Divorce & Foreign Marriages
Living abroad doesn’t inhibit you from filing for divorce in Australia. As long as you meet specific criteria, such as being an Australian citizen, considering Australia as your home, domicile or ordinary residence, or living in Australia for a minimum of 12 months before filing, you can still apply.
We have seen confusion in the courts between bringing proceedings in Australia, or say Hong Kong or India? Carefully consider which jurisdiction you should bring proceedings in and where its better for you? We regularly advise international clients, and these are issues that 99% of family lawyers are unable to properly deal with.
Practical Legal Expert Tips – Jaswinder (Jas) Sekhon; Principal Goldman Law
For those who were married overseas, similar provisions apply. You can still apply for divorce in Australia provided you satisfy the eligibility requirements, which include being separated for at least one year with no prospect of reconciliation and meeting certain citizenship requirements.
Importantly, if your marriage certificate is in a language other than English, you’ll need to have it translated by a certified translator. Once your documents are properly prepared, you can file them via the Commonwealth Courts Portal.
Foreign or International Divorces
Australia recognises international divorce orders, subject to certain conditions. However, Sekhon warns that proceeding with a divorce in a foreign jurisdiction could impact property settlement and parenting matters. As such, speaking with a top international family lawyer beforehand is highly advisable.
Conclusion
Divorce can be an emotionally draining and complex process, but understanding the legal requirements can help make it more manageable. Jaswinder Sekhon’s expert advice aims to demystify this process, simplifying it for those navigating the choppy waters of divorce. However, as each case is unique, seeking tailored legal advice is always recommended.
With expertise, patience, and compassion, Jaswinder (Jas) Sekhon and the team of Senior lawyers at Goldman Law stand ready to guide you through the intricacies of divorce under Australian or International law, advocating for your rights and interests every step of the way.
Divorce Quick Facts & Fees 2023
Based on recent statistics, the divorce rate in Australia has been steadily decreasing over the past decade. According to the latest report by the Australian Bureau of Statistics, the national divorce rate was recorded at 2.0 divorces per 1,000 estimated resident population.
Based on recent statistics, the divorce rate in Australia
Based on recent statistics, the divorce rate in Australia
Based on recent statistics, the divorce rate in Australia
Based on recent statistics, the divorce rate in Australia
Based on recent statistics, the divorce rate in Australia
Based on recent statistics, the divorce rate in Australia