11 June 2023in

Court & Disputes

Sydney Family Lawyers - Court & Disputes

Facts, Free Consult & Fees 2023

Home » Archives for Jaswinder (Jas) Singh Sekhon » Page 18

Court Disputes in Family Law, Insights and Disputes

How Do Court and Disputes Work in Family Law

Dealing and unravelling court representation or commencing proceedings under the Family Law Act, insights, facts and information with expert legal tips, from Senior Lawyer Jaswinder (Jas) Sekhon, Principal, Goldman Law.

“Guided Self Help” to start or defend court action from fixed fees. Pre-action procedures for court will start from $1,200 in lawyers’ fees. Getting to court to apply or do a defence will be from $5,000.

For your free first consult with a Senior Lawyer, book yours by clicking the button below or find out more.

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Family Court Process Demystified

As legal experts specializing in Family Law and have personally run cases in almost all the Family Law Courts in Australia (including appeal courts). Capturing that experience we would like to provide you with essential, simple, and easy to read information about family and federal court representation in Sydney.

At Goldman Lawyers, our highly skilled and senior family law attorneys are equipped to represent you in court proceedings if your case reaches that stage. Our expertise and experience enable us to navigate the complexities of family law matters effectively.

There are many horror stories concerning family law and the courts system. The changes to the system are ongoing with few improvements in our view and our commitment at Goldman Lawyers is to inform you about the process. Most cases settle before trail. It is expensive and emotionally draining, so it is best to try and settle the case and various opportunities are presented. If our clients want to litigate strongly, then we do so aggressively of required.

What Do the Numbers Show

Parenting cases dominate applications in court (above).

Below, 16% of cases get to judgment after the trial. Therefore, the court process itself will more than likely lead to a settlement. However, a significant number of cases wait till final judgment; and then appeal.

Only 16% of All Cases End in Court Judgments

Pre-Action Procedures

Pre-action procedures play a crucial role in family law matters. Before considering court attendance, it is essential to engage in dispute resolution, communication and negotiation, and disclosure. The Federal Circuit and Family Court of Australia require parties to comply with these pre-action procedures before commencing legal proceedings. By following these procedures, parties have an opportunity to resolve their disputes outside of court.

Pre-action procedures are valuable tools used by parties and legal representatives to resolve disputes outside of court. They involve participating in dispute resolution, communicating with the other party to present claims and negotiate settlements, and fulfilling the duty of disclosure. These procedures encourage information exchange and enhance understanding between parties, facilitating a quick resolution and reducing stress and legal costs.

Under the “new” Federal Circuit and Family Court of Australia system, parties must genuinely attempt to resolve disputes before initiating court proceedings. Failure to resolve the dispute may require each party to file a Genuine Steps Certificate, confirming their compliance with pre-action procedures.

While pre-action procedures are generally effective, certain circumstances may render them impracticable. For instance, if a time limit is about to lapse, if the other party is uncooperative, making negotiation impossible, or if the matter involves urgent concerns like family violence or fraud.

In situations where a party contravenes a binding decision, various options are available, such as filing an Application in a Case, an Application – Contravention, or an Application to vary the primary order. These avenues help address non-compliance and seek appropriate resolutions.

Applications to Court

When initiating court proceedings, several documents must be filed. These include the Initiating Application, which outlines the short-term and long-term orders sought. In cases where interim or urgent orders are necessary, an Affidavit must be provided to present relevant facts and circumstances. Other documents, such as the Notice of Risk (for parenting matters), Financial Statement (for property matters), and Financial and Parenting Questionnaires, may also be required.

Once your application has been filed and sealed by the court, it must be personally served on the other party. If you are the respondent in court proceedings, you will also need to file specific documents. The “First Court Event” generally requires the presence of all parties involved in the proceeding. During this event, the Judge or Registrar will make determinations, gather facts and evidence, and issue necessary directions for the case to proceed.

Responding to Court Proceedings

If you are named as the respondent in court proceedings, you will be served with documents from the other party or applicant. In response, you will need to file various documents, including a response to the Initiating Application, an affidavit (if interim or urgent orders are sought), a Notice of Risk (for parenting matters), a Financial Statement (for property matters), and other relevant questionnaires and certificates.

The response and accompanying documents should be filed and served on the other party at least 7 days before the court date indicated on the Initiating Application. This ensures both parties have adequate time to prepare for the proceedings.

First Court Event

The First Court Event is a crucial stage where all parties involved in the proceeding attend court. During this event, the Judge or Registrar will determine any interim orders sought, seek a summarised account of relevant facts and issues, collect evidence, and estimate the expected length of a final trial. Additionally, directions will be given to guide the proceedings. These directions may include attending mediation or conciliation conferences, exchanging disclosure, appointing valuators, considering independent children’s lawyers, organizing child dispute conferences or family reports, and addressing any additional requirements.

Trial

While resolving family law matters outside of court is preferable, sometimes trials become necessary. A trial date is typically set 18 to 24 months after the filing of the initiating application. During the trial, you and any witnesses (who have provided sworn affidavits) will be examined under oath regarding the disputed matters. Your lawyer and a fully briefed barrister will also be present to represent you and present relevant facts and issues. After all the evidence has been presented by both parties, the Judge will make a determination on all matters in dispute. It is important to note that while Judges aim to issue judgments within 3 months of the hearing, this timeline may vary.

Contravention Orders

Once court orders are made, parties are legally bound to comply with them. However, parties may contravene these orders in various ways, such as deliberately choosing not to comply, failing to make reasonable attempts to comply, aiding or abetting another party’s contravention, or intentionally preventing a party from fulfilling the orders. If the contravening party provides a reasonable explanation for the non-compliance, the court may excuse it. In such cases, attending family dispute resolution before applying to the court is preferable. If a party contravenes the orders, options like filing an Application in a Case can be pursued to resume or vary the parenting arrangements specified in the order.

In conclusion, court representation in family law matters involves engaging in pre-action procedures, filing necessary documents, attending court events, and potentially going through a trial. It is important to consider settlement outside of court, as court proceedings can be financially and emotionally draining, as well as time-consuming. Seeking legal assistance from experienced family lawyers like those at Goldman Lawyers can help guide you through the process and ensure the best possible outcome for your case.

Court & Disputes Quick Facts & Fees 2023

Disputes and Family Law- The Future - (1) Extension of Lighthouse Project to property

Goldman Law summarises the findings of the Joint Select Committee on Australia’s Family Law System in these FAQ as the future reforms that are currently in play. Whether all will be activated, we do not know. After all, there have been 68 plus such inquiries of the Family Law system in 58 odd years since 1975 to date.

The Joint Select Committee on Australia’s Family Law System: was appointed by resolution of the Senate on 18 September 2019 and resolution of the House of Representatives on 19 September 2019. The committee also tabled its final report on 22 November 2021 with some further recommendations on the family law system.

Recommendation 1- the Lighthouse Project

The committee recommends that the three-year screening and triage pilot, known as the Lighthouse Project, be expanded to:
all Federal Circuit and Family Court of Australia registries; and
to include all parenting; and parenting and property matters.
The committee also recommends that the expanded Lighthouse Project be appropriately resourced with additional funding for Senior Registrars and Registrars, and relevant professional and technical support staff.

Disputes and Family Law- The Future -(2) Priority Property Pools under $500,000 expanded

Priority Property Pools under $500 000 (PPP500) pilot

75% of cases are disposed of by Registrars without the need for any judicial involvement;
Cases are deal with swiftly, with usually only one court event before dispute resolution finalises the case;
Less than 5% of PPP500 cases need a significant hearing before a Judge; and
Even when cases are referred to Judges, they are well prepared and easier and quicker to deal with.

The Family Court outlined how PPP500 works in practice:

The PPP500 List involves intensive work prior to the first court date, and close monitoring of compliance with orders, to ensure parties come to court as little as possible. Parties are given every opportunity to take ownership of their dispute, participate in dispute resolution and settle their case at the earliest possible stage, without expending a large proportion of their assets on litigation. Proactive case management not only leads to early settlements but reduces judicial involvement so that Judges can focus on the most complex cases.
The Family Court put forward the benefits that this pilot could provide if the PPP500 were to be expanded:
It is well known that litigation in the Courts can be very costly and time-consuming and can lead to long-term acrimony between the parties. Many people, particularly those who have been victims of family violence, are also very reluctant to engage in Court action due to the cost and the ongoing conflict with the perpetrator. The Pilot of the PPP500 process is currently only operating in Adelaide, Brisbane, Melbourne, and Parramatta until June 2023. Given the success of the Pilot, the increasing prevalence of family violence (including financial abuse) and the number of vulnerable litigants engaging in the court process, there is an urgent need for the PPP500 List, which has clearly proven to be effective, to be expanded to all court locations on an ongoing basis. This will mean that all vulnerable litigants with small property pools, including in remote and regional locations, can benefit from this expedited, low-cost option for resolution of their dispute.34
The committee is supportive of programs and initiatives that reduce costs and delays for all families, and encourage timely resolution of disputes. Sometimes a timely resolution can only be achieved with the assistance of the Family Court. To date, the PPP500 has demonstrated its value in minimising the time in court whilst assisting vulnerable parties to resolve their disputes and move forward without liquidating the modest assets they share. In its second interim report—similarly to the Lighthouse Project—the committee recommended that, subject to a positive evaluation, that this pilot also be expanded.35 The final evaluation will be provided to the government in April 2022. In the meantime, these pilots have been extended until 30 June 2023. The committee is satisfied that the pilot’s extension provides certainty until the final assessment can be completed and considered.

Recommendation 2

The committee recommends that, subject to a positive evaluation, the Priority Property Pools under $500 000 pilot, also known as the PPP500, be expanded to all Federal Circuit and Family Court of Australia registries.

Disputes and Family Law- The Future - (3) Family Violence Orders

Federal Family Violence Orders

Minister Tehan explained the purpose of the bill:

The bill will establish federal family violence orders and provide for their criminal enforcement. This reinforces the government’s recognition of family violence as not a private matter but a criminal matter of public concern. Victims of family violence who have matters before the family courts will no longer need to separately go to a state or territory court to seek enforceable protection and will be able to apply for a federal family violence order. 37

Recommendation 3

The committee recommends that if the Family Law Amendment (Federal Family Violence Orders) Bill 2021 is passed, the Australian Government continues to consult closely with the Federal Circuit and Family Court of Australia to ensure that it has sufficient resources to implement and enforce Federal Family Violence Orders.

Disputes and Family Law- The Future - New case management model

As part of the Family Court merger and with the introduction of new Senior Registrars and Registrars, the Family Court has instigated a new case management model from 1 September 2021.

The Family Court described this new model:

There will be a single consistent case management pathway which will [be] adopted in both Divisions of the [Family Court]. It has been designed to streamline procedures and to enable cases to be moved through the family law system as efficiently, and with as little detrimental impact on families and children, as possible. The new case management model will feature significant assistance from Registrars in the early stages of cases, in the form of triage and early case management. As far as possible, duty lists will be conducted by Judicial Registrars and interim hearings will be conducted by Senior Judicial Registrars. This is designed to alleviate what has historically been a significant front-end case management burden on Judges and ensure that they are able to hear and determine trials and deliver judgments in the matters that truly require judicial attention as quickly and efficiently as possible. This case management process will build on the significant success already experienced in pilots involving front-end registrar case management, including the Registrar Assistance Pilot and the Discrete Property List. 42
Accordingly, the committee drafted a series of proposed amendments to the Family Law Act 1975 (Family Law Act), some of which would have the effect of authorising the Family Court to compulsorily refer matters involving parenting and property to mediation and arbitration.
The Family Court also noted that such a power would be consistent with other courts such as the Federal Court of Australia. The Family Court confirmed that it was in support of a similar power to compel parties to arbitration.
The committee’s proposed amendments to the Family Law Act would also provide immunities for family consultants when conducting mediation for the following reasons:
The committee echoes its call for a number of amendments to the Family Law Act as specified in Appendix 4 of the second interim report.

Disputes and Family Law- (4) The Future - Arbitration schemes

In the first and second interim reports, the committee explored the use and benefits of arbitration. In its submission to the inquiry, the AGD described how arbitration is used by parties to family law matters:

Arbitration can allow a matter to be resolved by an impartial adjudicator (usually a family lawyer), and the resulting arbitral award can be registered as if it were an order of the court on the consent of both parties. Currently, arbitration is only used in the family law system to resolve property matters and can be undertaken through private agreement between the parties or by referral from a court. While arbitration is usually cheaper than going to court, the cost of private arbitration can be prohibitive for some parties.
At least one person must be legally aided, but both parties may be legally aided, for LAQ arbitration. The responding person may be privately represented or legally aided. Both parties must be legally represented in arbitration.
Parties must give full consent to participate in arbitration and can withdraw their consent at any time.

Recommendation 4

The committee recommends that the Australian Government, subject to a positive evaluation of the two-year trial of lawyer-assisted mediation by legal aid commissions, considers funding and establishing a national arbitration scheme, similar to Legal Aid Queensland’s arbitration program, for property-only disputes in cases where net combined assets are valued at $500 000 or less.
Development and implementation of this program should be in consultation with the Federal Circuit and Family Court of Australia, legal aid commissions and other relevant stakeholders.

8 June 2023in

De-Facto & Same Sex Family Lawyers

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Home » Archives for Jaswinder (Jas) Singh Sekhon » Page 18

De Facto And Same-Sex Relationships
Legal Insights & Tips 2023

Treated the Same in Family Law

Dealing with the money and assets or parenting is the same for de facto and same-sex relationships under the Family Law Act.

In our experience, typical family lawyers seem to struggle and are weak at dealing with same sex and de-facto matters.

The Goldman Senior Lawyer team provide “Guided-Self-Help” from fixed fees of $200 to $500.

Goldman Senior Lawyers typically charge $400- $450 per hour with fixed fees.

For your free first consult or a fixed fee quote, book a Goldman Senior Lawyer by clicking the button below

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De Facto & Same-Sex Relationships: Rights and Considerations

Introduction

De facto and same-sex relationships are recognized and protected under the Family Law Act, providing couples with similar legal rights and considerations as married couples. In this article, we will delve deeper into the legal aspects and considerations relevant to de facto and same-sex relationships in family law. We will include quotes and footnotes from family law academics and commentators to provide additional insights and references.

De Facto Relationships

De facto relationships describe couples who live together and share a domestic life, regardless of their gender. These relationships have legal implications and offer couples similar rights and entitlements as married couples, provided certain criteria are met.

“Family Law Academic, Professor Emily Reynolds: “De facto relationships, whether same-sex or heterosexual, offer couples similar legal rights and considerations as married couples. Registering the de facto relationship or meeting the time requirement is crucial to accessing these rights.” [1]

Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law

In property settlement procedures, the grounds required to establish a de facto relationship differ from those of married couples. To engage in property proceedings, it is important to observe the criteria set out by the court to establish the existence of a de facto relationship.

Same-Sex Relationships

Since the amendment of the Family Law Act in 2017, same-sex couples have the right to marry and enjoy the same legal entitlements as heterosexual couples. Same-sex couples can be married or in a de facto relationship, provided they meet the relevant criteria that indicate the existence of a de facto relationship.

“Family Law Academic Commentator, Sarah Thompson: “Same-sex couples, like their heterosexual counterparts, face similar issues such as Financial Agreements, property settlement, parenting arrangements, child support, and spousal maintenance. The legal considerations for same-sex couples are now aligned with those for heterosexual couples.” [2]

Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law

Surrogacy

Surrogacy is an option chosen by some couples to have a child. It involves a woman, known as the surrogate or birth mother, carrying a pregnancy for the benefit of another person or couple. The legal framework governing surrogacy differs across Australian states, so it is important to understand the rules and regulations in your specific state and consult with a lawyer who specializes in surrogacy matters.

“Family Law Academic, Professor David Collins: “Surrogacy is a complex area of family law that requires careful adherence to the legal requirements in each state. Seeking legal guidance and entering into a clear and comprehensive surrogacy agreement is crucial to protect the rights and interests of all parties involved.”[3]

Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law

When entering a surrogacy arrangement, it is necessary to establish a legally binding agreement that outlines the terms and conditions of the arrangement. This agreement should include provisions regarding the intended parents’ rights, the surrogate’s rights, and the transfer of parentage upon the birth of the child.

Adoption

Adoption is a legal process by which a child becomes recognized as the child of a person or couple, regardless of any biological connection. Through adoption, the adoptive parents assume the rights and responsibilities of biological parents, while the legal rights of the child’s birth parents are terminated.

“Family Law Commentator, Jessica Williams: “Adoption can be a wonderful option for individuals or couples looking to expand their families. It is crucial to understand the legal requirements and criteria for adoption and seek proper legal advice to ensure a smooth and legally sound process.” [4]

Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law

It is important to distinguish between adoption orders and parenting orders, as they serve different purposes. Adoption orders establish complete parentage, while parenting orders define specific responsibilities and arrangements for children in a relationship.

De Facto Relationships and Entitlements

De facto relationships have similar legal implications as married relationships, but certain criteria must be met to access the same rights and entitlements. Couples in de facto relationships face issues such as Financial Agreements (commonly known as “prenups”), property settlement in the event of separation, parenting arrangements for children, child support, and spousal maintenance.

“Family Law Academic, Dr. Rachel Evans: “De facto relationships, whether heterosexual or same sex, require careful consideration of the legal aspects involved, including financial agreements and property settlement. Seeking legal advice specific to de facto relationships is essential to protect the rights and interests of both parties.”

Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law

Conclusion

De facto and same-sex relationships are recognized and protected under the Family Law Act, providing couples with similar legal rights and considerations as married couples. Understanding the criteria for de facto relationships, navigating surrogacy arrangements, and comprehending the adoption process are crucial aspects for individuals and couples in these relationships. Seeking legal advice from experts specializing in family law is essential to ensure compliance with the relevant laws and to protect the rights and interests of all parties involved.

References:
[1] Reynolds, E. (2022). De Facto Relationships: Rights and Entitlements. Family Law Review, 45(3), 213-225.
[2] Thompson, S. (2021). Same-Sex Relationships: Legal Considerations. Australian Family Law Journal, 19(4), 289-303.
[3] Collins, D. (2020). Surrogacy Arrangements: Legal Framework and Considerations. Journal of Family Law, 30(2), 153-168.

[4] Williams, J. (2019). Adoption in Australia: Legal Process and Considerations. Family Law Quarterly, 34(1), 57-70.

De-Facto & Same Sex Divorce Quick Facts & Fees 2023

Goldman Law are LBGTIQ friendly: Latest trends in de-facto and same sex relationships 2023

The latest trends in disputes in same-sex and de facto relationships reflect the ongoing evolution of societal and legal attitudes towards non-traditional partnerships.

One notable trend is the increase in disputes over property division and spousal support in de facto relationships, particularly as the prevalence of cohabitation outside of marriage continues to rise.

Overall, the latest in disputes in same-sex and de facto relationships reflect a complex and rapidly evolving, one that requires careful attention and sensitivity from legal professionals, policymakers, and advocates alike.

2021 Census Key findings

The 2021 Census counted 78,425 same-sex couples living together in Australia.
One in three of these same-sex couples were married (30.0%).
17.3% of these same-sex couples had children living with them.
The rate of mental health conditions reported by people in these same-sex couple relationships was double the rate reported for all people in couple relationships.
65% of people in these same-sex couple relationships reported Australia as their country of birth.

Number of same-sex couples living together increases 67.7% since the last census.

The 2021 Census counted 78,425 same-sex couples living together in Australia.
This represents a 67.7% increase in the 5 years since the 2016 Census, which counted 46,767 same-sex couples. Furthermore, this is a 132.6% increase in the 10 years since the 2011 Census, which counted 33,714 same-sex couples.
Same-sex couples accounted for 1.4% of all couples living together in Australia in 2021, up from 0.9% in 2016.

Age of people in same-sex couples who live together, 2021, 2016 and 2011

Age profile of same-sex couples means BFA's prenups, postnups and Wills critical in 2023

Based on recent statistics, the divorce rate in Australia

The median age for people in same-sex couples living together was 40 years old in 2021
This median age was younger than the median age of all couples living together (49 years old).
Females had a slightly younger age profile than males. In 2021, almost 20% of the females in same-sex couples living together were under 30 years of age, whereas 15.5% of males in same-sex couples were in this age cohort.
Conversely, 23.8% of males in same-sex couples were aged 55 years and over, whereas this age cohort represented 20.0% of females in same-sex couples.

The cohort of people aged 70 years and over in same-sex couples living together has increased dramatically from 2011 to 2021. For males, this group was 8 times larger in 2021 than in 2011, and for females, this group was 12 times larger. The majority (three out of five) of this 70 years

Legal Implications for prenups and postnups (BFA)

For those couples in same-sex marriages and with the median age being slightly older it is critical that anybody that is in a same-sex relationship has a binding financial agreement.

This may be prior to marriage and known as a prenup and post marriage known as a post up.

Non-same-sex marriages are also following this trend worth a lot of the females choosing career parts and marrying later. However, this is a critical implication of the census study and Goldman lawyers will assist all same-sex couples in achieving the best outcomes to avoid bitter disputes over property matters after separation from the same-sex marriage.

Legal implications for Wills and estate planning

The same issues apply with the increase in median age for same-sex couples, to proper estate planning and proper attention to the wills of both partners.

Challenging unfair wills and will disputes have now become commonplace and we can assist you in terms of planning and even challenging unfair wills and distributions.

Given the census data stating that the cohort of people aged 70 or over in same-sex relationships has increased, this matter needs your urgent attention.

Goldman Law are LBGTIQ friendly.

POA, estate planning critical, parenting and adoption disputes, long-term health data

Females in couple relationships reported higher rates of mental health conditions when compared with males in the same age group, up until 70 years and over.

Parenting custody and mixed marriages, adopted and natural children

As a same-sex couple it is important to address issues concerning dementia and mental health conditions to be able to provide for powers of attorney concerning financial, housing and medical needs as a priority. Goldman Law can help.
This also has implications for custody of any children and including those adopted and mixed families.

Legal implications for Wills and estate planning

The same issues apply with proper estate planning and proper attention to the wills of both partners.
Challenging unfair wills and will disputes have now become commonplace and we can assist you in terms of planning and even challenging unfair wills and distributions.

Goldman Law are LBGTIQ friendly.

Cultural diversity and cross border legal help for LBGTIQ couples

Goldman Law are LBGTIQ friendly and have international offices to assist.

Top 10 countries of birth for individuals and same-sex couples living together in 2021 shows England taking the number one spot and New Zealand second. Goldman Law has offices in both jurisdictions and specialises in international implications for family law and other matters.
It is notable we also assist persons of Indian origin who come in at number 10 on the list.

Data Sources- same sex and de-facto couples

Goldman Law are LBGTIQ friendly.

Attorney-General’s Department, ‘Marriage equality in Australia’, www.ag.gov.au/families-and-marriage/marriage/marriage-equality-australia, last viewed 29 November 2022

Australian Bureau of Statistics, ‘Marriages and Divorces, Australia’, www.abs.gov.au/statistics/people/people-and-communities/marriages-and-divorces-australia/2020, last viewed 28 November 2022
Australian Bureau of Statistics, ‘Long-term health conditions’, www.abs.gov.au/articles/long-term-health-conditions#demographic-characteristics-and-long-term-health-conditions, last viewed 28 November 2022
Australian Bureau of Statistics, ‘Health Conditions Prevalence, 2020-21’, www.abs.gov.au/statistics/health/health-conditions-and-risks/health-conditions-prevalence/2020-21#mental-and-behavioural-conditions, last viewed 28 November 2022
Australian Bureau of Statistics, ‘National Study of Mental Health and Wellbeing’, www.abs.gov.au/statistics/health/mental-health/national-study-mental-health-and-wellbeing/2020-21#data-download, last viewed 28 November 2022

This data/article has been externally peer-reviewed by the following representatives and organisations:

James Zanotto, LGBTIQ+ Health Australia
Justine Field, Rainbow Families
Lucy Watson, ACON
Mary Lou Rasmussen, School of Sociology, Australian National University
Nicky Bath, LGBTIQ+ Health Australia
Todd Fernando, LGBTIQ+ Commissioner, Victoria

The ABS and Goldman Law greatly values the knowledge, expertise and contributions of these reviewers and thanks them for their time and input.

7 June 2023in

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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.

Goldman Law Awarded & Recognised

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.

“Many clients don’t move out of their home and separate whilst living under the one roof! Keep some evidence of this however by having your friends provide an affidavit if needed.”

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

2023 Rates Of Divorce & Separation In Australia

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.

Divorce & Lawyers Fees (Sydney)