Foulsham & Geddes Family Lawyer Sydney

Assisting clients with their family law matters since 1973, our family and divorce lawyers are well regarded in the Sydney community for striving to resolve family law matters as efficiently as possible, so that our clients can move on with their lives.

Areas of family law

Divorce Lawyer Sydney

Divorce Lawyer


The purpose of obtaining a divorce order from the Family Court is to annul the marriage. It has little bearing on arrangements for children or property, other than to allow a party to re-marry.


Family Lawyer Sydney

Child Custody


A complex and sensitive area. Who has parental responsibility? How much time do the children spend with each parent? Our family lawyers understand the importance of getting it right.


Family Law Property Settlement

Property


With Sydney property prices the way they are, real estate is usually the most significant asset of a relationship. There is a 4 step process to apply in determining the entitlements of each party to matrimonial assets following a divorce.

Divorce Lawyer Sydney

De Facto Relationships


An unmarried couple who have been living together in a relationship for over 2 years, or have children from the relationship, are the same as a married couple.


Family Lawyer Sydney

Binding Financial Agreements


It is possible to enter into agreements in relation to property matters before a relationship commences, or if a relationship ceases. This includes marriage, as well as de-factos.


Family Lawyer Sydney

Child Support


Child support is a payment made by one parent to the other parent, to help with the cost associated with caring for the parties’ children.

Divorce Lawyer Sydney

Spousal Maintenance


In cases where there is a significant discrepancy between parties’ respective earning capacity, a court may order payment of Spousal Maintenance.


Family Lawyer Sydney

Adoption


There is a process for adopting a child. The Family Law Act 1975 also contains sections dealing with parental responsibility for adopted children.


Family Lawyer Sydney

Domestic Violence AVOs


Domestic violence generally occurs when a family member is violent and/or abusive towards another member of the family.

Divorce Lawyer Sydney

IVF and Surrogacy


Surrogacy agreements and statement of intent.


Family Lawyer Sydney

Superannuation


Superannuation is always considered to be a part of the matrimonial asset pool. In many cases parties will have different super balances.


 

More information about ‘Family Law & Divorce’

Application for Consent Orders – If the parties agree to resolve their family law matter the current time period for an Application for Consent Orders to be approved by the Family Court of Australia is between 7 to 21 days from the date the application is filed. However, to finalise the application can weeks of negotiations.

Interim Hearings – If a party to an existing matter already in Court needs to list the matter for an interim hearing the matter will be listed for a decision within 10 to 12 weeks of the date of filing.

Urgent Interim Hearings- If an urgent application is made it will normally be heard between 7 and 14 days from the date it is filed. In some (very serious) cases, the application can be heard right away.

Final Orders- Given the family courts experience significant challenges to do with resources, the current time period for a decision to be made for cases that proceed to final hearing takes about 24 months from the date the case is filed, in some cases much longer.

Appeals – It takes anywhere between 12 to 24 months to have an appeal determined.

In our experience, about 90% family law matters resolve without the parties having to resort to going to court. Our family lawyers employ a range of alternative dispute resolution techniques (such as mediation) in an attempt to resolve disputes quickly.
Our family lawyers advise clients regarding divorce and separation on a daily basis. We know what is likely to produce a favorable result for our clients and what won’t. Our family lawyers take emotion out of the equation and focus on the strengths in our clients’ cases in order to succeed.
Married couples can apply to the family court for property settlement or spousal maintenance orders at any time.

Divorced couples can apply to the family court for property settlement or spousal maintenance orders within 12 months of the divorce order becoming effective.

De facto couples can apply to the family court for property settlement or spousal maintenance orders at any time within 12 months of the relationship coming to an end.

A divorce will not have much bearing on child custody or family law property settlement. The main reason to get a divorce is so that you can get re-married.

Note that a divorce order will start a 12-month time limit in which you may commence proceedings in the family courts seeking property related orders.

A married person can make an application for divorce at any time, provided they wait at least 12 months from the date of separation before commencing. The date of separation is defined as the date on which a spouse considered the marriage to have broken down irretrievably.
Couples who have been married less than 2 years must participate in counselling before they can apply for divorce.
As at 1 January 2016 the Court imposed filing fee for an application for divorce is $895.

Please contact us for a fixed fee quote for a stress-free application for divorce.

Our divorce lawyers can prepare an application for divorce in a matter of days. The Court will generally hear the application for divorce 8 weeks after the application is made.

Once the divorce is approved, there is a 1 month waiting period before the divorce order becomes effective.

Provided the other spouse agrees to make a joint application for divorce, this can be a much quicker way of dealing with things.
If there are children of the marriage who are under 18 years of age at the time of the application for divorce, unless the application is a joint one, the applicant will need to attend Court on the day the application is heard to satisfy the Court that there are appropriate arrangements in place for the children.
There are a few situations when the applicant will be required to attend Court when the application for divorce is heard. The most common example being when there is a sole application and there are children of the marriage who are under the age of 18.

You do not need to attend Court in most cases if the application is a joint one, or if there are no children under the age of 18.

You may also need to attend Court if you cannot prove the marriage by producing a certified copy of the marriage certificate or there some other irregularity to do with the application.

It may be wise to have a divorce lawyer attend Court with you on the day. Please call one of our Family Lawyers to discuss your matter.

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