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Separation & Divorce in Maitland & The Hunter Valley
Going through separation or divorce in NSW? Hills Solicitors guide you through applications to the Federal Circuit and Family Court of Australia and protect your interests.
What is separation?
Separation occurs when you and your spouse or partner decide to live separately and apart with the intention of ending your relationship. In Australia, you do not need to apply for a legal separation. It is a practical decision that marks the beginning of the process towards divorce or property settlement.
Grounds for divorce
In Australia, the only ground for divorce is the irretrievable breakdown of the marriage. This is demonstrated by living separately and apart for at least 12 months. If you have been separated but living under the same roof, additional evidence may be required to prove the separation.
Initiating divorce proceedings
To apply for divorce, you must:
- Be an Australian citizen or resident or regard Australia as your permanent home.
- Have been separated for at least 12 months.
- Provide the court with details of arrangements made for any children under 18 years of age.
The divorce process
Once you file for divorce, a court hearing date is set. If your divorce is uncontested and all requirements are met, the court will grant a divorce order. There is a mandatory waiting period of one month before the divorce becomes final.
Financial and parenting arrangements
Divorce proceedings do not automatically settle financial and parenting arrangements. These issues are separate and may require additional legal processes, such as property settlement or parenting orders, to be resolved.
Property settlement
Property settlement determines how assets and debts will be divided between parties following separation. It involves assessing the contributions made by each party and their future needs. Property settlement can be negotiated privately or through the Family Court.
Parenting arrangements
Arrangements for children involve decisions about their care, living arrangements, and financial support. Parents are encouraged to reach agreements through mediation or negotiation. If an agreement cannot be reached, the court can intervene to make parenting orders.
Seeking legal advice
Navigating separation and divorce can be complex, and seeking legal advice early in the process is advisable. A family lawyer can provide guidance on your rights and obligations, help negotiate agreements, and represent you in court if necessary.
Contact Us
We understand that separation and divorce are challenging times. Our experienced team is here to provide compassionate and expert legal support tailored to your individual circumstances. Contact us today to schedule a consultation and take the first step towards resolving your family law matters.
Passionate, experienced solicitors
Meet the team at Hills
Hills Solicitors first opened its doors in September of 1894 under the name T A Hill. We continued strengthening our roots in the Maitland community and later became T A Hill & Son, when our founder's son joined the family practice. We then made the change to Hills Solicitors.
We have had a total of 3 offices since those early days in 1894, all of which are a 50m walk from our current office.
Get in touch today to see how Hills can help
When you approach Hills Solicitors for any legal advice, we treat you like family. Our valuable clients are members of an evergrowing family that we wouldn't be here without.
Getting started
How we work with you
At Hills Solicitors, we take pride in our over 130 years of experience and adaptability. Our clients can trust that we will continuously evolve and tailor our services to their changing needs.
Step one
Get to know each other
When you come to Hills for advice you are never just another client to us, you become part of our large family and it is vital we get to know you.
Step two
Understanding your rights
The first step is to help you understand your rights and how you can approach the issues at hand.
Step three
Determining your goals
The most important step is understanding exactly what you would like to see at the end of your matter.
Got questions?
We're here to help
The team at Hills are here to help with all of your legal needs, serving Maitland and the Hunter for over 130 years. With a forward-thinking approach, providing practical solutions, for an affordable price. We're here to help you when you need us.