Divorce & Separation Lawyers in Sydney
How does divorce work in Australia?
What is the first stepTo get divorced in Australia, you and your spouse must have been separated for at least 12 months, and you must have been married for at least two years (or have a counselling certificate if it’s been less). Under the Family Law Act 1975, you apply to the court online, either jointly or on your own. A divorce ends the marriage only. Property and parenting are dealt with separately.
- Who can apply: either spouse, or both together
- Where: the Federal Circuit and Family Court of Australia, filed online
- Not covered by a divorce: property division, parenting arrangements, child support
- Time limit to remember: after a divorce is final, you have 12 months to apply for a property settlement without needing the court’s permission
Not sure where you stand? Your first 15-minute phone call with our team is free. Call 1300 537 306.
David Meredith has practised family law since 2002.
Separation Lawyer Sydney
— Your First Steps
When you separate in NSW, you don’t need to file any paperwork — but the decisions you make in the first weeks have lasting legal and financial consequences. As your separation lawyer, David Meredith will walk you through your immediate rights, your property timelines, and your parenting options before any formal proceedings begin.
Many people use the words ‘separation’ and ‘divorce’ interchangeably, but they have distinct legal meanings in Australia.
Separation is when you and your partner decide to end your relationship and begin living separately. There is no form to file and no court involved — separation begins the moment one or both parties decides the relationship is over. You can even be legally separated while still living under the same roof, provided you are no longer living as a couple.
Divorce is the formal legal process of dissolving a marriage. It is granted by the Federal Circuit and Family Court of Australia, and you cannot apply for divorce until you have been separated for at least 12 months.
De facto couples: while you cannot apply for divorce (as you were never legally married), separation still has significant legal consequences — particularly for property settlement and parenting arrangements. The same Family Law Act protections apply.
For full details on property division after separation, see our guide to PROPERTY SETTLEMENT in NSW.
HOW TO APPLY FOR DIVORCE — STEP BY STEP
A divorce is the process of legally dissolving a marriage.
Before becoming officially divorced, there are some necessary steps you need to take:
01
Separate for At Least a Year
02
Divorce Application
03
Provide Documents
04
Serve the Divorce Application
A divorce application is commonly ‘served’ by giving it to your spouse’s lawyer. However, it can also be delivered by post or hand.
05
Divorce Hearing
06
Divorce is Granted
Property & finances after separation
A divorce ends the marriage but does not divide property. There is no automatic 50/50 split: the court looks at what you own and owe, each person’s contributions and future needs, and since June 2025 the economic effect of any family violence. You have 12 months after your divorce is final to apply for property orders. Read our property settlement guide.
Children & Parenting Arrangements After Separation
Australian law doesn’t use the word “custody”. Parenting arrangements are based on the child’s best interests. Since 6 May 2024, the law no longer presumes that parents should share major decisions equally, and joint decision-making never meant equal time. Read our parenting arrangements guide.
How Long Does Divorce Take in NSW?
In NSW, a divorce typically takes 3–5 months from the date of filing to the date the divorce order takes effect.
Here is the standard timeline:
1. Separation period — at least 12 months before you can file
2. Filing your application — lodged online via the Federal Circuit and Family Court portal
3. Serving your spouse — must be done at least 28 days before the hearing (42 days if your spouse is overseas)
4. Divorce hearing — often attended without you if uncontested and no children under 18 are involved
5. Divorce order granted — issued at the hearing
6. Divorce becomes final — exactly 1 month and 1 day after the order is granted
Property settlement and parenting arrangements operate on separate timelines and can take longer to resolve, particularly if there is disagreement between the parties. A divorce order does not automatically resolve financial or parenting matters.
Do I Need a Lawyer for Divorce in NSW?
For a straightforward uncontested divorce with no children under 18 and no property disputes, it is technically possible to file the application yourself through the Commonwealth Courts Portal.
However, the divorce application itself is rarely the complex part. The decisions made around property settlement, superannuation, parenting arrangements, and financial agreements during separation have consequences that last years — sometimes decades. These are the areas where legal advice pays for itself many times over.
You should strongly consider getting legal advice if any of the following apply:
– You and your spouse own property, a business, or have significant superannuation
– You have children and cannot agree on parenting arrangements
– Your spouse has their own lawyer
– There has been family violence or a significant power imbalance in the relationship
– Either party has assets or liabilities overseas
– You were married for a long time and there is a significant income disparity
A one-hour consultation with a Meredith Family Lawyer gives you a clear picture of your rights, your options, and what a fair outcome looks like for your specific situation — before you commit to any course of action.
Family Law Mediation in Sydney
Most family law matters in Sydney — including property settlements and parenting arrangements — do not need to go to court.
Mediation is often a faster, less expensive, and less adversarial way to reach agreements that both parties can live with.
At Meredith Family Lawyers, David Meredith acts as an expereinced negotiator across all family law matters. Rather than defaulting to litigation, we work to resolve disputes through structured negotiation and, where appropriate, formal family dispute resolution — the process the Family Law Act 1975 requires parties to attempt before applying to court for parenting orders.
Mediation at Meredith Family Lawyers covers:
– Property settlement negotiation between separating couples
– Parenting arrangements and co-parenting agreements
– De facto relationship property disputes
– Financial agreements reached without court involvement.
If you and your former partner are willing to engage in good faith, mediation can resolve most matters in a fraction of the time and cost of litigation — while keeping decisions in your hands rather than a judge’s.
Speak directly with David Meredith about whether mediation is right for your situation — call 1300 537 306 or book a free 15-minute phone consultation.
Need Legal Advice?
Thinking About Divorce? Get Clear Advice Early
If you are considering a divorce or have already started the process, getting legal advice early helps you understand your rights before you make decisions you can’t easily undo.
Principal Solicitor David Meredith has more than 20 years’ experience in all areas of family law, including separation, divorce, property settlement and parenting arrangements. We give you clear, practical advice that fits your situation and support you at every step of the divorce process.
Give us a call at 1300 537 306 to find out more about how we can assist you during your legal journey.
Frequently Asked Questions About Divorce
The first legal step is to separate, because you must be separated for at least 12 months before you can apply. Note your separation date and keep copies of financial records. Get advice on property and children early, as those decisions matter more than the divorce application itself. When 12 months have passed, you apply online to the Federal Circuit and Family Court of Australia.
Separation is when you and your partner decide to end your relationship — no paperwork or court is required. Divorce is the formal legal dissolution of a marriage, granted by the Federal Circuit and Family Court of Australia. You must be separated for at least 12 months before you can apply for divorce.
No. A spouse can’t stop a divorce just by refusing to agree. If the 12-month separation and other requirements are met, the court will usually grant it. A spouse who disagrees with facts in the application, such as the separation date, can file a Response to Divorce and the court will decide.
While there is no legal requirement to appoint a lawyer when you separate, getting early advice from an experienced separation lawyer in Sydney can protect your property rights, clarify your parenting options, and prevent costly mistakes. Many clients come to Meredith Family Lawyers before making any formal decisions — and leave with a clear picture of their rights and next steps.
Australian law doesn’t use the word “custody”. Parenting arrangements are based on the child’s best interests. Since 6 May 2024, the law no longer presumes that parents should share major decisions equally, and joint decision-making never meant equal time. Read our parenting arrangements guide.
Not necessarily. Most uncontested divorces do not require you to attend a hearing, particularly if there are no children under 18 involved. Property settlements and parenting arrangements can also be resolved through consent orders or mediation without going to court.
Costs vary depending on the complexity of your matter. A straightforward divorce application is relatively inexpensive, but property settlements and parenting disputes involve more time and expertise. At Meredith Family Lawyers, we are transparent about costs from your first consultation — call 1300 537 306 to discuss your situation.
Your divorce order becomes final one month after your divorce hearing date. Your marriage is officially over once your divorce decree is final, and you are free to remarry. The one month window may be cut short by the Court.
Yes, in most cases. Before applying to court for parenting orders, the Family Law Act 1975 requires parties to make a genuine attempt at family dispute resolution (mediation) first. Exceptions apply where there has been family violence or where the matter is urgent. For property matters, mediation is not legally required but is strongly encouraged — most property settlements in Sydney are resolved without court through negotiated consent orders or binding financial agreements.
At least 12 months. Time spent separated under one roof counts, but you will need extra evidence, such as affidavits. If you get back together for less than three months and then separate again, the time before and after can be added together. A reconciliation of three months or more restarts the 12 months.
There is only one ground: the marriage has broken down irretrievably. You show this by being separated for at least 12 months with no reasonable chance of getting back together. Australia has had no-fault divorce since 1975, so the court does not look at who was to blame.
Yes. You can apply on your own, called a sole application, without your spouse’s agreement. You must serve the application on your spouse at least 28 days before the hearing, or 42 days if they live overseas. If you can’t find your spouse, you can ask the court to allow another way of serving them.
File the application yourself, jointly if possible, which avoids the cost of serving your spouse. The court fee is $1,170 from 1 July 2026, or $390 if you qualify for the reduced fee. Separating itself costs nothing, as there is no form to file. Remember a divorce doesn’t divide property; an agreement made into consent orders (fee $215) is usually the lowest-cost way to finalise that.
In NSW, LawAccess NSW (1300 888 529) gives free legal information and can refer you to Legal Aid NSW or a community legal centre for free advice. The Family Relationship Advice Line (1800 050 321) helps with separation and parenting. At Meredith Family Lawyers, your first 15-minute phone consultation is free.
