Divorce in Sydney
Divorce is a significant legal matter that affects many individuals and families in Sydney. At GJA Law, we provide clear, practical advice and tailored services designed to protect your interests. Our approach combines local expertise, transparency in fees, and a commitment to simplifying complex legal processes.
What Is Divorce?
Divorce involves specific legal rights and responsibilities that can impact your property, family, or estate planning. We explain the law in plain English and provide practical examples, ensuring you fully understand what is involved. This helps remove uncertainty and allows you to make confident, informed decisions.
Start Your Legal Matter with Confidence
You need to be separated for at least 12 months prior to applying for a Divorce.
You can be separated whilst living together on a shared accommodation basis, rather than as husband and wife. You will be required to make an additional statement regarding your living arrangements and the separation in this case.
If you have been married for less than 2 years, you will be required to attend counselling prior to applying for a Divorce.
You must come within the jurisdiction of the Court for a Divorce to be granted under at least one of the following categories:
- You regard Australia as your home
- You intend to live in Australia indefinitely
- You have lived your whole life in Australia
- You are an Australian citizen
- You ordinarily live in Australia and have for the 12 months prior to the Application for Divorce
If you have children, you must satisfy the Court that proper arrangements have been made for them in respect of their:
- Housing
- Supervision
- Health
- Education
- Contact arrangements with their other parent
- Child support
- Any other future arrangements for the children
You will need to provide the Court with your marriage certificate (and a sworn English translation, if necessary) and pay a filing fee. You may be exempt from the filing fee because of your financial circumstances.
The Application will then need to be served on your spouse at least 28 days before the scheduled date for the Divorce Hearing.
At the Divorce Hearing, the Court will dissolve the marriage and grant a decree nisi. One month and a day later, the decree nisi will become “absolute” and you will then be free to remarry.
If you don’t have children, you need not attend the Divorce Hearing.
The Family Court website has Divorce Kits you can download to guide you through the process, or contact us for a quote to do the work for you.
Children
When you separate, you need to make suitable arrangements for the children. The Family Law Act makes the children of paramount concern and decisions regarding their futures are based on what is in their best interests.
Arrangements can be formalised in a Parenting Plan (a written agreement between parents) or Parenting Orders (made by the Court if agreement can’t be reached).
Before going to Court, you must both attend compulsory mediation with an accredited family dispute resolution provider.
If suitable arrangements can’t be agreed, then a certificate will be issued allowing you to file proceedings in Court.
Parenting Orders may cover:
- Who the children will live with
- The amount of time the children spend with the other parent
- Parental responsibility while the children are in your care
- Parental decision-making while the children are in your care
Our Services
GJA Law assists Sydney clients with a wide range of divorce matters, including:
- Reviewing and drafting contracts or agreements
- Advising on legal rights and obligations
- Negotiating terms or resolving disputes
- Working with agents, financial advisors, or other professionals where necessary
- Managing the process through to completion with accuracy and efficiency
Why Choose GJA Law?
- Clear, practical advice tailored to your situation
- Fixed-fee certainty for common matters and transparent time-costed support for complex issues
- Decades of experience across property, estate planning, and family law
- Early adopters of technology to streamline processes and reduce errors
- A client-focused approach that prioritises your goals and peace of mind
Contact Us
If you are dealing with divorce in Sydney, contact GJA Law today. Our experienced lawyers will guide you through the process with confidence and provide the support you need.