We understand that going through divorce or separation is an emotionally taxing and difficult time. With a lot to consider, having the right support to navigate the confusion and uncertainty makes all the difference.

For a divorce to be granted, the Family Court must be satisfied that you have been separated from a period of at least 12 months preceding the filing of a Divorce Application and that the arrangements for any children are proper. An Application for Divorce can be filed by either party to a marriage or both parties jointly.

The Court does not consider why the marriage has ended but rather they have to decide whether the marriage has broken down irretrievable. According to section 48 of the Family Law Act 1975 (“the Act”), a divorce order cannot be made if the Court is satisfied that there is a reasonable likeliness of cohabitation being resumed.

However, the granting of a divorce does not determine issues of financial support – it only recognizes that the marriage has ended.

The parties will need to receive advice on their financial matters, and parenting matters if relevant.

This is why it is important that if the parties can agree on how the property is divided, they either entering into a Binding Financial Agreement or sign Consent Orders.

We offer fixed fees for Binding Financial Agreements (otherwise known as a pre-nup). Our fixed fees include advice and certificate for preparation of Binding Financial Agreement are from $2,800.00 exc GST. Our fees for reviewing a Binding Financial Agreement already prepared are from $1,500.00 exc GST.

For business owners, Separation and Divorce can have serious financial consequences. At Ahern Sierakowski Lawyers, we can advise you on the best way to help you protect your business. We can work with you to develop a strategy that helps you retain control of your business and also ensures that your business interests are protected. Read more on Business Owners and Divorce.

You should also review your estate planning if you have recently separated from your partner. Read more information on estate planning.

Our experienced family lawyers will guide you in ensuring all necessary steps are taken regarding the division of assets, maintenance, parenting, child support and other factors. We can assist at all stages of this process, including preparation of the Application for Divorce or responding to any application made.

Every situation is different, and our team works with you to develop strategy that suits your personal needs, giving you clarity for the path ahead.

We provide top tier services and top tier experience at substantially better rates than those of our competitors and we provide fixed fee costs wherever possible for all of our matters.