Separation and Divorce
Facing Separation and Divorce with Strength and Support
Separation and divorce can be one of life’s most challenging experiences. At Smyth Family Law, we recognise the emotional hardships and complexities you face. You deserve a compassionate and thoughtful approach to transition into a new phase of life.
Bernadette Smyth
Your Compassionate Family Law Mediation Expert and Accredited Family Law Solicitor
Berni Smyth, an accredited family law specialist and mediator, is here to support and guide you through the intricacies of separation and divorce, ensuring a process that’s respectful, fair, and considerate, including:
Expert Guidance in Complex Family Matters
Our experienced family lawyers provide invaluable support and representation, ensuring you understand your rights and options in emotionally challenging situations.
Efficient Resolution Without Court Intervention
Utilising mediation, negotiation, and collaborative approaches, we aim for amicable solutions, minimising the need for court proceedings while advocating for your interests.
Compassionate Advocacy for Safety and Fairness
With a focus on protection from domestic violence and equitable property division, our legal team offers comprehensive assistance, prioritising your safety, well-being, and long-term interests.
Why Choose Mediation
Mediation is more than just a process; it’s a beacon of hope in the midst of uncertainty.
Here’s what you can expect from mediation at Smyth Family Lawyers:
A Safe Environment
We create a safe and comfortable environment where both parties can communicate openly and honestly and most importantly of all, feel heard.
Financial Clarity
Mediation can help you to clarify your financial settlement details, ensuring financial stability for both parties and fairness for all.
Child-Centered Agreements
We prioritise the well-being of your children and make sure they are the central focus while creating custody agreements.
Cost-Effective Efficiency
Skip the courtroom drama and resolve your issues efficiently. Save on expensive legal fees, preserving your financial resources.
Emotional Relief
Walk forward into your future with closure and healing, without the emotional exhaustion of lengthy and costly court battles.
What Our Clients Say
Working With Us Is Easy
When you choose mediation, you're choosing a path that leads to a brighter, more peaceful future.
Get to know each other
At the outset, you’ll meet Berni Smyth, our skilled mediator with over 25 years’ experience. Berni’s primary objective is to facilitate understanding between both parties. Focusing on comprehending each other’s requests and expectations. It’s an opportunity to create a foundation of trust and open communication during the mediation session.
Open and Honest Dialogue
With Berni’s guidance, you and your spouse will engage in open and honest conversations. These dialogues occur in a safe environment, allowing both parties to express their needs and concerns. Berni ensures that all discussions are focused on finding common ground and reaching mutually agreeable solutions.
Create Your Peaceful Future
With Berni’s expertise, you’ll work together to create legally binding agreements that align with your needs and priorities. These agreements prioritise the well-being of your children, provide financial clarity, and offer emotional closure.
FAQs
Do I need a lawyer after a separation?
Separating from your spouse or partner can trigger a range of emotions and legal issues. We encourage separated couples to obtain independent legal advice as soon as possible to ensure they are aware of their rights and to assist in settling matters in the most effective way.
What should I do after a separation?
- Personal safety is a priority – contact your local police if you are experiencing violence, abuse or harassment.
- If necessary, we can represent you in matters involving a Family Violence Order (FVO) or Apprehended Domestic Violence Order (ADVO) whether you are the applicant or if you wish to oppose the order.
- If possible, talk to your ex-partner about suitable care arrangements for your children – let him or her know that an amicable breakup is desirable and try to come to some resolution that is in the children’s best interests.
- Arrange to see a lawyer as soon as possible. Even if the decision to separate is mutual or your relationship is amicable, you should be aware of your rights. Sometimes parties are agreeable at the outset, but emotions can escalate once discussions about children and property start.
- If possible, obtain legal advice before leaving the family home. If you do move out, make sure you notify authorities of your new address. You might consider renting a post office box for privacy reasons and so your mailing address does not need to be changed again if you subsequently move.
- Ensure that you have access to bank accounts, home loan accounts and investments. Keep originals or copies of important documents such as passports, marriage certificates, superannuation and insurance policies and change passwords for emails, online accounts and internet banking.
- Make sure that any property registered in joint names remains insured.
- Start a journal and keep written records of relevant dates, events and conversations.
When and how can I obtain a divorce?
A divorce is the legal process of ending a marriage. In Australia, there is no need to provide any reasons for divorce other than that the relationship has irretrievably broken down. If you have been separated for more than 12 months, the court takes this as evidence of that fact.
The court also acknowledges that parties may be separated but continue to live under the same roof for reasons such as childcare, religious or cultural belief or on financial grounds. If you live under the same roof as your ex-partner you can still obtain a divorce provided you swear to the separation in your divorce application.
You will need your marriage certificate, identification, and proof of citizenship (if you were not born in Australia). If you were married for less than two years, a certificate from a family counsellor confirming that you and your ex-partner have considered reconciliation must be provided, unless special circumstances exist.
The court needs to be satisfied that your children are being taken care of before a divorce will be granted but will not expect that you have a formal agreement regarding these arrangements.
When you lodge your application, the court will advise the date of the hearing, which is usually within 2-3 months. The hearing is not long, and you may not need to attend. If granted, a divorce order becomes final one month and one day from the date of the hearing.
What happens once a divorce is granted?
The granting of a divorce order triggers a 12-month timeframe within which to commence proceedings for a property settlement or spousal maintenance order.
A divorce may also affect the provisions of an existing Will, or your Will may no longer reflect your testamentary wishes. If you have not already done so, you should revise and update your Will and take steps to formalise the division of your property.
If you need any assistance contact one of our lawyers at berni@smythfamilylaw.com.au or call 02 7202 2137 for a no-obligation discussion and for expert legal advice.
Need Help With Something Else?
Domestic Violence Orders
Parenting
De Facto Relationships
Property Settlements
Child Support
Spouse Maintenance
Same Sex Couples
Mediation and Disputes
Binding Financial Agreements
A Partner You Can Trust
Berni Smyth, a lawyer and Nationally Accredited Mediator and Arbitrator, offers solicitors an efficient and effective resource for resolving legal disputes. Including conducting mediation and arbitration, including family law matters.
For timely, confidential, and legally sound dispute resolutions, choose Berni Smyth as your trusted partner.
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