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Sydney Divorce & Family Lawyers

Facts, Free Consult & Prices

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.

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Based on recent statistics, the divorce rate in Australia 

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3 Traps in Divorce Costs

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Parenting

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Financial Separation

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Complex or Sensitive Matters

Divorce & Separation in Australia 2023

Expert Legal Information

In the complex world of divorce proceedings, understanding the legal landscape is critical. This article, offering insights and guidance from Jaswinder (Jas) Sekhon – a Principal at Goldman Lawyers and a recognized expert in family law – aims to demystify the process of divorce under Australian law.

Experience & Trust

With deep local and international expertise for over 30 years.

Growing and protecting successful individuals, family offices and business.

Experience & trust built through sheer hard work

Experience and Our Addiction

Expert & Awarded Legal Team Focussed on Relationships
Typical Clients are HNW & Successful Individuals

Complex or high value matters may be public or involve global structures and the valuation of special business and family assets.

Where the asset pool involves business activities, international assets or a large asset pool, we are the go-to team for success in resolving HNW family matters.

Bring the worlds best financial expertise in law to the family law space, the support of our tenacious litigation success means that we have all of the expertise and tools for complex, international or sensitive matters in family law.

Typical Clients in Family

Prenup's, Post-nups,
BFA'S &

The Trifecta:
Separation, Children,

Complex Financial,
Cross Border &

Prenup's, Post-nups,
BFA'S &

The Trifecta:
Separation, Children,

Complex Financial,
Cross Border &

Goldman Law Awarded & Recognised

Experience & Trust

With deep local and international expertise for over 30 years.

Growing and protecting successful individuals, family offices and business.

Experience & trust built through sheer hard work

Experience and Our Addiction

Expert & Awarded Legal Team Focussed on Relationships
Typical Clients are HNW & Successful Individuals

Complex or high value matters may be public or involve global structures and the valuation of special business and family assets.

Where the asset pool involves business activities, international assets or a large asset pool, we are the go-to team for success in resolving HNW family matters.

Bring the worlds best financial expertise in law to the family law space, the support of our tenacious litigation success means that we have all of the expertise and tools for complex, international or sensitive matters in family law.

Family Law FAQ's

How Can I “Win” in Family Law Matters?

In our view, the evolution of the Australian Family Law Court has been largely schizophrenic from struggling with alternative dispute resolution systems saddled an outdated view that there are no winners when relationships are broken down? This is reflected in the fact that costs are really awarded and if one party loses or is in contempt of court. Judges are powerless to a large extent.  

The fact that only 16% of the cases lodged will make it to a final trial shows the high attrition rate. A case can typically last for many years. It is emotionally draining and costly. The other side may make allegations which are emotionally distressing and may not reflect what actually happened in the relationship. Children are also treated as weapons by some parties.

However, we only take on family law cases to win them. Clients must be prepared to be ruthless in adopting the agreed strategy and always look to place as much pressure on the other side as is possible, with a view to achieving the most favourable settlement as early as possible. Firms that adopt a softly softly approach only elongate the inevitable in our view.

The alternative, to avoid the court system, we strongly advise our clients to use BFA’s as much as possible to avoid financial disputes later. Parties are also encouraged to have an agreed parenting plan or consent orders.

We don’t have a softly softly approach and seek to intensively progress all family law matters to ensure that a quick and advantageous settlement is obtained many lawyers drag on matters to “milk” clients rather than seeking an intense and quick approach.

Where the matter is sensitive, then we adopt a different strategy. Strategy and execution is how you win in family law.

What Makes Your Lawyer The Best or Better than Competitors?

Ask These Question:-

All clients must ask at least these four questions of their lawyer/law firm.

 

  1. What is the difference between this law firm and another?
  2. How do I know my responsible senior lawyer will adopt and stand by the stated culture of the firm?
  3. How can I make sure my senior lawyer stays focused and passionate about my legal matter but at the same time remains as an objective professional to advise me properly?
  4. How can I tell if my lawyer does a good job? Most clients simply judge this on responsiveness and speed? Which usually has nothing to do with quality.

There are some great lawyers and great law firms in Australia that you can engage.

 

There are also some average lawyers and some lawyers were simply overworked to put it at its best.

 

As humans, we cannot be good at everything and there are some things that we are not good at.

However, winning your family law matter requires strategy, planning and a cost effective evaluation of likely outcomes. In our view, not enough attention is provided to the right strategy.

 

Talk to us about the strategy we will have in place which is agreed only after you have evaluated the different approaches and alternatives as a informed choice!


This defines our legal culture and approach to every client.

 

We welcome you to discuss our suggested approach and strategy and compare this with the approach of our competitors.

What are Goldman Law Typical Professional Fees in a Family Law Matter?

The rates are our top senior lawyers range from $550 to $750 per hour excluding GST. Yes we charge more than your typical family law frm and do so without apology.


Our senior lawyers must have had at least 10 years of family law experience in running matters. There is very little that we have not dealt with, from small but complex matters, legal aid panels, protective custody and disputes between states and the federal government, the kidnapping of children, complex financial matters, money laundering, cash businesses, domestic violence, multijurisdictional cases and the list goes on.


Our senior lawyers will personally handle your matter and we are simply too busy to stretch out your matter and to be effective at these higher charge rates, we must be quick, decisive and work to an agreed strategy. We know what is not important and we know what to cut out. We know where the cases are heading and do not like to drag them on. Even though our initial rates are higher, the eventual outcome will cost less and we are successful in achieving a better outcome. We use technology and automation

I Cant Afford the Best Lawyers - What is Your Guided Self Help Product and How Does that Work?

For those who cannot afford to retain us for the whole matter, we offer a pay as you go or guided self-help basis. This is a unique offering and allows you to users for selected aspects of your matter. Recall that we said we know what to cut out, we know what you can do yourself as well without having to pay for a lawyer to assist you unless it’s absolutely necessary.
If you do the simple work with our help, use us for the more difficult parts, then save more than 50% in legal professional fees.

If we are able to assist you, then we offer a without charge consultation to discuss legal strategy in your matter.

Don’t be fooled by lawyers offering free first consultations as these lawyers cannot provide legal advice unless you retain them. It is illegal to so do. What is being done is roping in your enquiry into the marketing system. 

We do not wish to waste your time and only wish to deal with clients with whom we think we can add value to their legal matter. Therefore if you take the time to book a strategy discussion with one of our senior lawyers and it is a practice area in which we act, we would be delighted to have a without obligation, free of charge discussion with the senior lawyer that will usually handle your matter if you choose to engage us. 

Lawyers do not provide free lunches and there is no free lunch in any allegedly free first consultation.

Why Does Goldman Law Prefer HNW and Successful Clients?

We are driven by innovation and entrepreneurship in the provision of legal services and many of our senior lawyers have run many other businesses. We understand successful clients and we understand those that want to win at any cost. This implies a mutual commitment from the client and the lawyer. Successful clients need successful lawyers. High net worth clients need high net worth friendly lawyers. Driven clients need driven lawyers. Commercial clients need commercially savvy lawyers.

 

It is our depth of experience across many complex commercial and international matters that allow us every possible solution and strategy to the table.

Can I Choose Which Senior Lawyer Will Handle My Family Law Matter?

Yes. We believe in aligning lawyers to the needs of clients and if you do not get on for some reason with your senior lawyer, we will propose an alternative.

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