Consent Orders/Binding
Financial Agreements

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If parties reach an agreement on parenting and financial matters and they wish to formalise them, they should apply to the Family Court of Australia for consent orders. Parties will benefit from the certainty and enforceability of consent orders, which can regulate their time with their children and ensure that there is no recourse by either party to alter the terms of financial matters that have been resolved and settled.

Consent orders are ideal to achieve many objectives between the parties, however pre-separation binding financial agreements can also be suitable.

Our solicitors can assist you in deciding whether consent orders or a binding financial agreement is best suited to yours and your former partner’s needs.

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Frequently Asked Questions About Divorce

Before a divorce in Sydney is formally granted by the court, it typically takes upto four months. This period is computed from the day your court petition was initially submitted until the day the court issues a divorce order.

If for some of that 12-month period you have lived together with your spouse, then you may still get divorced depending on the circumstances. For instance, if you have been living together for all or part of that time, then you can make the application on the basis that you have been ‘separated under one roof’.

In these circumstances the 12-month period will still be valid even though you and your spouse have been living together. We can advise whether your circumstances could properly be described as ‘separation under one roof’.

You may also have a trial reconciliation within that 12-month period which, although not included as part of the 12-month separation, will not restart the clock if the reconciliation is less than three months.

The Family Court of Western Australia has provided an online divorce kit which explains how to obtain a divorce order, and this includes information on how to make a divorce application.

For a comprehensive discussion on how to prepare your divorce application, please give our office a call. Our solicitors can also assist with the process of determining care arrangements for children and facilitating the division of property.

You must be separated from your spouse for at least 12 months before filing for divorce, and either you or your spouse must meet the following requirements: be an Australian citizen; reside in Australia and consider it your permanent home, or ordinarily live in Australia for at least 12 months prior to filing.

  • Marriage certificate
  • Certificate of Name Change
  • Certificate of Counseling.
  • A passport or citizenship certificate are two examples of documents used as proof of citizenship.
  • Visa Documents

The divorce lawyer cost & the divorce processing time are dependent on many factors. Check with Meredith Lawyers to know more

Through the Commonwealth Courts Portal, you can fill out the divorce application form. Get in touch with top divorce lawyers in Sydney at Meredith lawyers. We have expertise over all areas of divorce such as separation, child custody, child support, property and financial services & more.

If you and your ex-spouse received a divorce order outside of Australia, it will be honored there as long as it was given in line with the local laws of the nation where the divorce was granted. In Australia, you do not have to file for divorce.

Your divorce order becomes final one month after your divorce hearing date. Your marriage is officially over once your divorce decree is final, and you are free to remarry. The one-month window may be cut short by the Court.

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