- Sydney Family Lawyers
- (02) 9633 1088
- mail@sbfamilylawyers.com.au
Divorce Advice Australia
Divorce Advice Australia – Divorce Lawyers Sydney
Divorce Advice can be very complexed, Sarah Bevan Family Lawyers have extensive experience advising, assisting and representing parties in family law and divorce cases, and ensuring a fair outcome for their clients no matter the difficulties being faced.
It is essential to consult an expert family lawyer to be aware of your legal position at all times during your relationship, whether you are considering marriage or a de facto relationship, or contemplating divorce or separation. Each type of relationship has its own legal implications and consequences on the parties. Sarah Bevan Family Lawyers have Accredited Family Law Specialist who will give you the best divorce advise and support.
Every relationship is unique, and family law/divorce proceedings are complex and will require expert legal representation to ensure a party to family law/divorce proceedings has their interests protected to the highest standard.
The team at Sarah Bevan Family Lawyers practise exclusively in family law and is led by accredited family law specialists. Our principal has over 19 years experience in resolving complex and litigious family law matters. For expert and comprehensive legal advice concerning your family law matter, call Sarah Bevan Family Lawyers. We provide a range of legal services for matters including (but not limited to) divorce and separation, property and financial disputes, parenting, children and surrogacy.
If you are contemplating divorce, Sarah Bevan Family Lawyers can provide you with expert legal advice and representation to ensure your interests are protected. Every divorce is unique and our team can provide expert advice on your particular circumstances. Following a marriage, ownership and rights to property can become unclear and it is rare for family law/divorce proceedings to conclude without there being any dispute or issue as to rights to each of the parties’ assets or property, especially where the marriage was over a longer period of time.
Divorce disputes
The term ‘property’ in family law matters refers to a wide range of interests a person or party may have. This includes real property as well as personal property. Property may also include shares held in a company, a debt owed by a party to a marriage and a superannuation interest.
Simply because one party to a marriage has earned more money or obtained more assets than the other party does not mean that the other party will not have any entitlement to those assets. In divorce proceedings, a Court will undertake an assessment of the parties’ contributions. The Court must take into account the parties’ financial and non-financial contributions to the acquisition, conservation and improvement of the property as well as contributions to the welfare of the family including any contribution in the capacity of a homemaker or parent.
Contributions a Court will take into account include direct contributions to the purchase price or mortgage payments for property, as well as contributions of financial resources to a partnership. Further, a Court will take into account contributions of entrepreneurial and managerial skills to a business, work on a family property to create and maintain a family business or the carrying out of repairs and renovations. Where a relative of one of the parties has given a gift to the party, this may be treated as a financial contribution made by that party directly to the acquisition, conservation and improvement of property.
Where a party has acted in the role of homemaker or parent, the Court must take this into account in exercising its discretion to make property orders. Being a parent or homemaker is a significant non-financial contribution to the parties’ home and assets which a court will substantially recognise. Both financial and non-financial contributions to the welfare of the family will be taken into account.
In divorce property proceedings where there is a child of the marriage, the Court must take into account whether either party has the care and control of a child of the marriage who has not attained 18 years of age and the commitments of either party that are necessary to enable the party to support a child that the party has a duty to maintain. There is a parental duty to support children which applies to children of the parent as well as to children of the parent’s spouse.
If you are in a de facto relationship, contemplating marriage, already married, contemplating divorce or in the middle of a divorce, it is essential to know your legal position and take the necessary steps to ensure your interests are properly protected. Sarah Bevan Family Lawyers are experts in family law matters and can provide you with comprehensive divorce advice and representation.
Without expert legal representation, a party to divorce proceedings risks an unfair outcome including possible financial disadvantage.
Going through a divorce will be one of the most difficult times in your life. To speak with an expert family lawyer for divorce advice, call Sarah Bevan Family Lawyers on (02) 8218 2116 or 1300 007 235. We have offices in Parramatta, Surry Hills and Crows Nest.
