There are plenty of divorce lawyers across the Wollongong area with the expertise you need. Photo: David Gyung.
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Sometimes, for whatever reason, marriages break down and differences are irreconcilable. If you and your partner are among the many couples proceeding with a legal divorce, you will know that it is a challenging and difficult time. Divorces involve two parties that may have bitter disputes, which are almost always highly personal.
The emotional and financial stakes are high when it comes to divorce and it is a delicate process often involving numerous aspects of law and personal life. Parenting arrangements, property and finances are among the most common issues in divorce proceedings, this is where professional legal counsel comes in. Thankfully, in the Wollongong area, there are plenty of divorce lawyers and law firms that specialise in the field of family law.
Family and divorce lawyers represent their client’s interests, helping them through a difficult process as well as fighting for their rights in a separation. Even the simplest of breaks can require an expert to put together a reasonable and workable plan. If things get messy, it is important that a lawyer is good at negotiating and will put in the work for their clients.
A good lawyer will keep costs low for their client while making sure they get the fairest and most just outcome. If you don’t know what to look for in a divorce lawyer, you probably have a lot of questions, read on for the help you need to find the best divorce lawyers in Canberra.
What makes a great divorce lawyer?
The right divorce lawyer can help fast-track your separation and take the stress out of what is already a challenging experience. Moreover, great divorce lawyers understand your position, listen and advise well, whilst keeping your best interests at heart. Here are some things to keep in mind as you evaluate potential candidates:
- Qualified & experienced. Law is and must be a very complex field, with each practitioner requiring years of tertiary study. Following their degree, lawyers must gain formal admission to the profession with a practising certificate issued by the Law Society. When looking for a good lawyer, look for experience. The best lawyers have years of experience and a case history to commend them. A great lawyer will be fluent in a range of legal areas as divorce law often delves into property, trust and family law.
- Specialising in family law. Finding a lawyer with experience in all areas of family law – not just divorce – is incredibly important. Why? Because divorce proceedings often work in tandem with family law matters. Often a divorce can present other family law issues such as parenting and child support matters, property settlements, and spousal maintenance. Moreover, the divorce process may also require a range of ancillary services. Things like financial experts, forensic appraisers, parenting coordinators, and counsellors may each have a valuable role to play. Consider whether any would be relevant to your case and assess your lawyers’ access to these resources.
- Personally compatible. Divorces take time. It’s important that you pick a lawyer you get along with and with whom you feel comfortable and at ease. These processes are often highly personal and a lawyer will have to know you and your situation, which is why it’s vital that you and your lawyer can build a rapport.
- Compassionate. For many people, the divorce process is a painful and emotionally charged time. This makes finding a divorce lawyer who genuinely hears and understands you ever more important. The best divorce lawyers are emotionally intelligent, empathetic, and are deeply compassionate. They are sensitive to the needs of both parents and exhaust all options to minimise negative impacts on children. Therefore, look for a family lawyer that you connect with. One that understands your position and is willing to support it.
- Reputable. The best way to predict someone’s future efforts is to look at the work they’ve done previously, lawyers are no different. A good lawyer will often have recommendations, good reviews or a great community reputation. Speak to colleagues, friends, family and other lawyers to put together a general idea of a lawyer’s reputation. Verify personal recommendations with independent research. Even if you don’t want to bring the divorce to trial, it is best to plan for the worst, review each lawyer’s trial record, which is public.
The best divorce lawyers in Wollongong
Region Illawarra has combed through online reviews and recommendations to compile a list of the most recommended businesses according to you.
To be listed in our Best in Wollongong series, each business needs to have consistently received positive feedback on Region Illawarra and Facebook as well as maintained a minimum average of 4/5 stars on Google.
If counselling is the solution to your marital woes, check out our article on the best marriage counselling in Wollongong or the best counsellors in Wollongong.
For information regarding general law needs in Wollongong, check out our article on the best law firms in Wollongong.
Your experience with divorce lawyers in Wollongong
Thanks to our commenters who have provided insightful feedback. If you believe we have got it wrong, please let us know.
Have you had experience with any of the divorce lawyers listed above? If so, share your feedback in the comments below.
Frequently Asked Questions
When can I apply for a divorce?
To apply for a divorce separating couples must demonstrate that their marriage has ‘irretrievably broken down’ with no likelihood of resuming and that they have been separated for 12 months or more. Moreover, couples need to be Australian residents or citizens, or regard Australia as their permanent home spending at least 12 months residing in the country before lodging the application. Any couples married overseas can also apply for a divorce in Australia provided the meet these criteria. Couples married less than two years must either attend counselling with a family counsellor and file a counselling certificate or obtain permission from the court to apply for a divorce without one. Finally, it is worth noting that a divorce application can be applied for by one person alone, or jointly.
How do divorce lawyers charge for their services?
This varies from firm to firm. A good rule of thumb is that the more legal input required, and the more time involved, and the higher the expense. Some law firms may offer a fixed fee structure, some offer a no win no fee structure, while others work to an hourly rate. Hourly rates typically range from $200 per hour for a junior lawyer to upwards of $600 per hour for a senior partner or principal. Additional charges may also apply for things like extra meetings or court attendances. Always review the payment structure for your divorce lawyer to understand how they charge, and any additional billable components therein.
Do I have to be divorced to finalise parenting or property arrangements?
No. The granting of a divorce denotes the legal ending of a marriage; however, it does not determine arrangements for parenting, maintenance, or property. If you want to apply to the Court for orders in relation to property, however, you need to do this at the latest within 12 months of your divorce becoming final. These arrangements must be addressed separately and can commence at any stage. For assistance here you may wish to speak to an experienced family lawyer to understand your rights and obligations in relation to property and parenting matters.
How is a divorce settlement worked out?
Typically, a divorce settlement includes the review of a couple’s net property pool; their contributions including financial, non-financial, homemaking or parenting; along with anticipated future needs. From this review, the settlement process results in a percentage division of property between spouses. It is worth nothing that time limits for filing property settlement proceedings currently apply; being 12 months from the date of divorce for married couples or 2 years from separation of de facto couples. Calculating the settlement percentage is an incredibly complex process, and professional counsel from an accredited family or divorce lawyer can be helpful.
Are there any alternatives to the Family Law Court system?
Yes, there are alternatives to traditional litigation. One option is mediation; where separating couples effectively determine their own arrangements either independently or assisted by a trained neutral third party such as an accredited Family Dispute Resolution Practitioner. Another option to consider is a collaborative divorce. Like mediation, a collaborative pathway is designed for parties who wish to avoid litigation. Under this option, separating couples and their respective lawyers enter a written agreement whereby parties will not litigate or threaten to litigate during the divorce process. Additionally, lawyers will not advise clients to threaten litigation. For further information see https://www.familyrelationships.gov.au/.
