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Experienced family divorce lawyers in Sydney
We handle all aspects of family law, ranging from separation to divorce, child custody disputes, the division of finances and property as well as prenuptial agreements.
Altria Law handle all case of divorce, child custody and parenting orders
Get the right family law advice
Altria’s team of lawyers, experienced in all areas of family law, will help you navigate any difficult periods in your life. We understand that family matters can be highly charged with competing interests and an unwillingness to compromise. We aim to be a partner throughout this process to give you the support you need. You will be provided with advice you can understand, in a straightforward, clear and concise manner, getting the personalised service that only a boutique law firm such as Altria can provide.
Family lawyers who understand
While divorce can bring eventual relief, the stress from the breakdown of a marriage can be intensified by the acknowledgement of the relationship’s end, as well as the division of assets and children. There is often a misconception that divorce is expensive. While costs can escalate depending on the situation, careful management and open lines of communication with your former partner will help contain the time and fees required to resolve the divorce. We will work with you and your former partner to come up with a mutual arrangement and work to protect your interests during the proceedings.
Divorce can be a lengthy process
The courts stipulate minimums for the many phases of the separation and eventual divorce of a relationship. Our divorce lawyers will outline the complete process for you to understand the steps to be taken. There are three streams to the process, including the divorce itself, as well as child custody and the separation of property and assets as a couple. We will ensure you are aware of the steps for each to make the process as painless as possible.
Service Details
Altria has a team of leading lawyers experienced in the area of family law, who have the talent, commitment and empathy to lead and support you through your divorce. We understand many family law matters are highly emotional, and we have have the understanding to navigate these situations to achieve you the best outcome possible.
Our services include
- Documenting separation
- Separation arrangements
- Out of court mediation
- Divorce filing
- Court representation
- Child custody
- Parenting orders
- Property and asset allocation
- De facto
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Divorce and Family Law Fact Sheet
Understanding the family law legal process will give you peace of mind, helping you navigate this emotional period in a rational and objective way. Our fact sheet provides practical and simple guidance on the process and factors to consider, including:
- Separation
- Divorce proceedings
- Child custody
- Live with orders
- Spend time with orders
- Parenting orders
- The division of property and assets
If you wish to discuss your family matter further with an estate lawyer please contact us today.
Information for divorce and child custody by Altria′s lawyers.
Good to know about family law
These points are good to know as you are going through your separation and divorce:
- You don’t need to provide a reason for divorce.
- You just need to demonstrate that the marriage has no likelihood of being saved.
- You can still live in the same house and be legally separated.
- De facto relationships have similar processes but with certain select differences in the steps undertaken.
We can help you obtain child custody
Often a separation and divorce matter involving children can be more complex, especially when both parents are vying for custody. For this reason live with and spend time with orders (i.e. child custody) take a two-step process. Altria’s experience in divorce law ensures you the best chance possible to obtain the child custody you seek. We advise remaining amicable with your partner as much as humanly possible will generally yield more favourable results for both parties. We always advise to keep the children’s best interests in mind as you deal with this process.
Step 1. Interim Hearing
The interim hearing is designed to put an arrangement in place that will protect the children from harm and maintain the current status of their relationships with the parents until the final hearing. Each party submits sworn affidavits at this time to state their intention in the matter, but no ruling is made at this time.
Step 2. Final Hearing
During this process, each former partner is cross examined, and evidence is submitted and evaluated. Your children may be required to meet with a court appointed counsellor, and this may also be used as evidence in court. Upon ruling, the court will make a final determination.
We can help you seek parenting orders through family court
Parenting orders can be submitted at any time, coming from other individuals with concern for the children, such as grandparents. Altria’s family lawyers will work with you to understand your desires for your children so we can seek the outcomes you seek. First, we will assist you with mediation through a family dispute resolution practitioner to try to solve the matter outside of court. If a mutual agreement cannot be reached, the matter may be submitted to the courts for final determination which we will represent your case. Parenting orders can include:
- Parental responsibility
- Time and communication with parents
- Where the child lives
- Child maintenance
Talk to Altria’s experienced family lawyers today about your particular divorce situation. We will help you work through this process and seek the outcome you desire for child custody.
Splitting up property and assets
The allocation of asset splits between former partners is not considered without a separate application. It is a requirement to seek agreement with your former spouse outside of court. Altria’s expert divorce lawyers will ensure you obtain what is rightfully yours from the marriage.
It is important to disclose the total pool of assets and liabilities as a couple, as well as the financial and non-financial contributions made while together. Future needs of each individual are considered too. The final result must be reviewed to ensure that it is just and equitable between partners, and the various transfers of ownership and payments can then be made. Agreements consider assets and contributions to the marriage, superannuation and spousal maintenance.
There are two ways to resolve matters out of court:
Financial Agreement
The matter can be settled with a Financial Agreement and signed by both parties once they have each received independent legal and financial advice. You can consider this like any normal legal contract between two parties.
Consent Orders
Consent Orders are a legally binding contract reviewed by the courts that are filed with the Family Law Registry. You do not need to go to court, and they can be preferred due to the precedence of the court enforcing Court Orders.
If you cannot reach agreement with your former partner, then the matter can be heard before a Judge or Justice in court. This is typically where costs can increase considerably, so it is worthwhile seeking to settle the matter outside of court as much as humanly possible. The court’s ruling is final, and they will consider your situation on the day of the trial.
Altria’s experienced divorce law team can help you every step of the way, so contact us today to discuss your specific matter.
Get in touch with our family lawyers
If you are wanting more information or are not ready to fill out our Case Starter please send us a message about your family law matter below.