Choosing to hire a divorce lawyer in Sydney is a decision that most married people don’t ever think they’ll need to make. However, this necessity is more common than people realise and the services of these family law solicitors are required more often than people would like to admit.
Regardless of the social implications of the prevalence of their work, hiring experienced divorce lawyers in Sydney becomes necessary when people are dealing with issues of marriage annulment, property settlement and child custody, to name a few. These issues normally involve high stakes and complicated emotions that explain why this area of the law is considered so controversial.
Before soliciting a divorce lawyer in Sydney, there are a few things that separating individuals need to consider. Let’s take a look at some of the most pertinent questions facing those who are seeking an annulment to their marriage.
Is there no chance of salvaging the relationship?
Marriage annulment is a permanent decision that people should not rush into if they are unsure that is what they really want. The legal system in Australia would rather a couple stay together and work on their issues than force a separation, especially when children are involved.
Therefore, those considering this path should carefully consider if it is really the most ideal solution. It is often that people can declare they want a separation prematurely because of strong emotions that subdue their rational thinking.
A court will only grant an annulment when it is convinced that there is no conceivable way for the relationship to continue. This is why separating couples must satisfy 12 months of effective separation prior to applying for annulment.
If the separation period is satisfied without any interruptions (like briefly getting back together), then it is appropriate to see the services of a reputable divorce lawyer in Sydney.
Are you separating while still living under the same roof?
Sometimes a couple will want to end their marriage but may not find it convenient to live separately. Because most separations involve one party moving out of the residence (usually because of the inherent acrimony involved), those continuing to live together have to go to extra lengths to prove their relationship has effectively ended.
When engaging divorce lawyers in Sydney, separating couples should consider whether or not they can gather sufficient evidence to prove ‘separation under one roof’. This often involves an explanation of living arrangement changing and written statements from others confirming the effective separation.
In these cases it’s essential that separating couples prove that they were functionally no longer in a relationship, despite continuing to live together. A divorce lawyer in Sydney will understand the burden of proof in these cases and can help their clients gather evidence to satisfy it.
Have you agreed to a division of assets and child custody arrangement?
Before hiring a divorce lawyer in Sydney, it’s essential to understand what role they will serve throughout the process. If you are simply getting an annulment to the marriage, then their role will be more limited than if you, for example, needed them during litigation for property settlement or child custody matters.
A divorce lawyer in Sydney will need to be both a skilled negotiator and potentially an experienced litigator depending on how far you and your former partner can agree on how the assets of the marriage will be divided. You will need to make a value judgement on how necessary the solicitor is vs what you stand to gain and lose.
Ultimately, the need for a talented divorce lawyer in Sydney like the team at O’Sullivan Legalwill be determined by how relevant their skillset is to solving the issues you are engaging them for.