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
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.
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.
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.
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.
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.
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.
In cases where there is a significant discrepancy between parties’ respective earning capacity, a court may order payment of Spousal Maintenance.
There is a process for adopting a child. The Family Law Act 1975 also contains sections dealing with parental responsibility for adopted children.
Domestic violence generally occurs when a family member is violent and/or abusive towards another member of the family.
More information about ‘Family Law & Divorce’
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.
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.
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.
Please contact us for a fixed fee quote for a stress-free application for divorce.
Once the divorce is approved, there is a 1 month waiting period before the divorce order becomes effective.
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.