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GJA Law – Sydney’s Trusted Divorce Lawyers

Divorce in Sydney

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Divorce is more than the legal end of a marriage; it is a profound life transition that unfolds within a structured legal framework. For individuals and families across Sydney, understanding this framework is the first step toward managing the process with clarity and confidence. At GJA Law, we provide more than just procedural guidance.

We offer strategic, compassionate support to help you navigate the dissolution of your marriage while protecting your future interests. This guide explains the key legal principles, processes, and practical considerations of divorce in Australia, empowering you to move forward with assurance.

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    What Is Divorce?

    In Australia, “divorce” has a specific and narrow legal meaning. Governed by the Family Law Act 1975 (Cth), it refers solely to the legal dissolution of the marriage bond itself—the formal recognition that a marriage has ended. It is crucial to understand that obtaining a divorce is separate from resolving associated financial or parenting matters.

    A divorce order does not:

    • Decide how your property or assets will be divided.
    • Make arrangements for parenting or child support.
    • Order one party to pay spousal maintenance.

    These critical issues must be addressed through separate agreements or court orders, either before, during, or after the divorce process. The granting of a divorce is a largely administrative procedure, provided the court is satisfied of two key jurisdictional facts: that the marriage has irretrievably broken down (evidenced by 12 months of separation) and that proper arrangements have been made for any children under 18.

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    The Divorce Process: A Step-by-Step Overview

    The process for obtaining a divorce in Sydney is standardised through the Federal Circuit and Family Court of Australia. Understanding each step can demystify what lies ahead.

    1. Eligibility and Separation: You must satisfy the court that you have been separated for at least 12 months with no reasonable likelihood of resuming married life. You can be ‘separated under one roof’ during this period, but this requires additional evidence in your application.
    2. Jurisdiction: At least one party must be an Australian citizen, regard Australia as their permanent home, or have ordinarily lived in Australia for at least 12 months immediately before filing.
    3. Marriage Certificate: You must provide the court with your original marriage certificate or a certified copy. If it is not in English, a sworn translation is required.
    4. The Application: An Application for Divorce is filed online with the Court. It can be filed jointly or singly. If you have been married for less than two years, you must generally attend a counselling session to discuss reconciliation before filing.
    5. Service: The application must be formally served on your spouse if it is a sole application, allowing them at least 28 days’ notice (or 42 days if they are overseas) before the hearing.
    6. The Hearing: For applications involving children under 18, the court requires your attendance to satisfy itself about the children’s care arrangements. If there are no children under 18, you typically do not need to attend. If the court is satisfied with the application, it will grant a Decree Nisi.
    7. Divorce Becomes Final: One month and one day after the Decree Nisi is granted, it automatically becomes a Decree Absolute. This is the legal document that finally ends your marriage, freeing both parties to remarry if they wish.

    Divorce Involving Children Under 18

    The court’s primary concern in any divorce involving children is their welfare. When you file for divorce and have children under 18, you must provide details to satisfy the court that “proper arrangements” have been made for their care, welfare, and development. This includes considerations of:

    • Living arrangements and housing.
    • Education and health care.
    • Financial support (including child support).
    • The nature of the relationship and time spent with each parent.

    It is important to note that these “proper arrangements” do not need to be formal court orders at the divorce stage. They can be informal or documented in a Parenting Plan. However, the divorce process often serves as a catalyst for formalising these arrangements. The court encourages parents to resolve parenting matters through Family Dispute Resolution (FDR) mediation before considering litigation. Only after attempting FDR and obtaining a certificate can an application for Parenting Orders be made, which are legally enforceable and can cover living arrangements, time spent, and how major long-term decisions are made.

    Property Settlement and Financial Matters

    As emphasised, property settlement is a separate legal process from divorce. However, the granting of a divorce triggers a critical time limit: you have 12 months from the date your divorce becomes final to apply to the court for formal orders for property settlement (or spousal maintenance). If you miss this deadline, you will need the court’s permission to apply, which is not guaranteed.

    Property settlement involves identifying, valuing, and dividing the asset pool, which includes all assets, liabilities, and financial resources (like inheritances or trust interests) of both parties. The court follows a structured four-step process considering contributions (financial, non-financial, and as a homemaker/parent) and future needs (age, health, income, care of children). At GJA Law, we strive to help clients negotiate a Binding Financial Agreement or Consent Orders to settle these matters fairly and efficiently outside of court, providing finality and avoiding costly litigation.

    Spousal Maintenance After Divorce

    Spousal maintenance is financial support paid by one former spouse to the other when they cannot meet their own reasonable living expenses. A claim can be made by either party, irrespective of gender. Entitlement depends on two factors:

    1. Need: The applicant’s inability to support themselves adequately due to age, health, care of children, or other reasonable factors.
    2. Capacity to Pay: The other party’s ability to provide financial support after meeting their own reasonable needs.

    Maintenance is not automatic or punitive; it is based on necessity and capacity. It can be paid as periodic payments or a lump sum, often negotiated as part of a broader property settlement. The same 12-month time limit from divorce applies to initiating spousal maintenance proceedings.

    De Facto Relationships and Divorce-Like Issues

    For separating de facto couples in Sydney (including same-sex couples), the legal process for dividing assets and seeking maintenance is virtually identical to that for married couples, provided the relationship meets certain criteria (generally a relationship of at least two years, or involving a child or significant contributions).

    While there is no “divorce” to obtain, the separation date is equally important, as it triggers a two-year time limit to apply for property or maintenance orders. The emotional and financial complexities are often the same, and the need for clear, strategic legal advice is just as critical.

    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

    • Dealing with GJA was a great experience. I felt comfortable at all times with their advice. My situation and the process was explained in laymans terms. As a result they won the case for me.

      Nick

    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

    Learn More About Binding Financial Agreements

    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.

    Common Divorce FAQs

    What does divorce legally do in Australia?

    Divorce legally ends a marriage under Australian law, but it does not resolve any financial or parenting issues between the parties. It simply recognises that the marriage has broken down irretrievably. Matters such as property division, spousal maintenance, and parenting arrangements must be dealt with separately, either by agreement or through court orders.

    What are the requirements to apply for a divorce in Sydney?

    To apply for divorce, you must show that you have been separated for at least 12 months and that there is no reasonable likelihood of reconciliation. At least one party must be an Australian citizen, permanent resident, or have lived in Australia for at least 12 months. If there are children under 18, the court must also be satisfied that appropriate arrangements are in place for their care.

    Can we be separated under one roof and still get divorced?

    Yes. Couples can be considered separated even if they continue living in the same home, provided they can demonstrate that the marital relationship has ended. This usually requires additional evidence, such as separate finances, sleeping arrangements, and statements from third parties. Legal advice is important to ensure the court accepts the separation period.

    What happens after the divorce order is granted?

    Once the court grants a divorce, it becomes final one month and one day later. From that date, a strict 12-month time limit applies for commencing property settlement or spousal maintenance proceedings. Missing this deadline can make it significantly harder to protect your financial interests, so planning ahead is critical.

    Do I need a lawyer if my divorce is straightforward?

    While divorce applications can appear administrative, legal advice helps ensure eligibility requirements are met and that no strategic issues are overlooked. This is especially important where there are children, overseas elements, short marriages, or disputes about separation dates. A lawyer can also help coordinate divorce timing with property and parenting matters.

    How is divorce different for de facto couples?

    De facto couples do not need to apply for divorce, as there is no formal legal dissolution of the relationship. However, they face similar legal issues around property division, parenting, and spousal maintenance. De facto partners must commence property or maintenance proceedings within two years of separation, making early legal advice just as important as it is for married couples.

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