Seeking legal advice before you file for divorce can help to ensure a smooth process during an already challenging time.
The majority of separating couples also require arrangements for property and/or children’s matters. If this is the case for you, then we recommend you seek support from a divorce lawyer.
At Turnbull Hill Lawyers, we have been helping clients navigate divorce in NSW since 1969. Our experienced Family Law Team offers compassionate, comprehensive and personalised legal services, guiding you through the process without litigation wherever practical.
Whether you have decided to file or have already been served papers, contact our divorce lawyers in Newcastle, Maitland or Sydney to commence your case.
From online divorce applications to property settlement and parenting plans, we are here to help you part ways with peace of mind.
How to get a divorce in Australia
Divorce applications are generally filed online through the Commonwealth Courts Portal. If you submit the application with your partner, you are considered to be joint applicants and do not need to serve each other. If you lodge it on your own as a sole applicant, then you must serve this application on the other party.
You are typically only required to attend a divorce hearing if:
- You are a sole applicant and share a child under 18 years old with the other party;
- You have stated that you would like to attend the hearing in your application;
- One party has objected to the hearing being held without both parties’ attendance; or
- The respondent opposes the application.
Requirements for granting a divorce
Your divorce should be granted so long as you satisfy the Federal Circuit and Family Court of Australia that you and your spouse have lived separately and apart for at least twelve months, and that there is no reasonable likelihood of getting back together.
Uncertain as to your eligibility, entitlements and duties? Our skilled divorce lawyers can advise and assist you with the entire process, from document preparation to court representation. Discover our uncontested divorce application service, available online to joint applicants across Australia.
Filing for divorce with children
Divorce proceedings can become more complex when a child under eighteen years of age is involved. In this case, you have to show the court that “proper arrangements” for the child’s care, welfare and development have been made before your divorce can be granted. For example, the child’s living arrangements and time spent with both parents must be detailed in your divorce application.
Importantly, parenting and divorce law are distinct. Therefore, the Court will not issue parenting orders and a divorce order together. Our divorce lawyers specialise in navigating these complexities with a compassionate and streamlined approach.
From negotiating parenting plans and applying for consent orders, to resolving custody disputes and claiming child support, receive tailored legal support to protect your child’s best interests.
Applying for a divorce with Turnbull Hill Lawyers
Gain invaluable legal advice when you need it most. Our experienced divorce lawyers will lead you through the application and any subsequent proceedings so that you can close this chapter with confidence.
Dedicated divorce lawyers
Providing professional legal services since 1969, our divorce lawyers have the drive, expertise and resources to champion your best interests after a relationship breakdown.
Confidence in your costs
Be confident in your legal costs from the outset. We will provide you with a clear and detailed quote of expected costs after your consultation.
Efficient resolutions
Finalise your divorce without delay. Our Family Law Team takes on each case with exceptional efficiency and, when necessary, urgency to meet your deadlines.
Personalised guidance
Understanding your needs is paramount when providing legal advice and drafting divorce documents. Our family lawyers collaborate closely with you, tailoring each step to your unique circumstances.
Pragmatic approach
Our team offers practical and creative solutions to tackle legal challenges as they arise, equipping you with the dynamic support required to achieve your legal goals.
Exceptional service
We have earned the trust of thousands of clients through word-of-mouth referrals. Our unparalleled reputation stems from our dedication to delivering friendly and reliable service with meticulous attention to detail.
Discover leading legal support today
Make the most of a personalised action plan for your divorce in NSW or anywhere else in Australia.
What our clients say
It does not get better than this, it was an experience as delightful as it was unexpected. Confronting difficult issues for the first time is never easy, but Turnbull Hill Lawyers and Sally Elphick made it easier than I thought possible. Clarity, charm and a sharp eye for details put me at ease, and I walked away after our meeting feeling I had made a very good choice.
Great communication and great result, I highly recommend Turnbull Hill Lawyers.
Having required legal services on a few occasions recently, I can confidently say that Turnbull Hill Lawyers have been nothing short of exceptional. They provided clear, concise advice and support throughout the process, ensuring I was well-informed and comfortable every step of the way
I have never called a lawyer but I’m definitely 100% glad I called.
Patrick was great, received a great outcome for my father’s divorce. Always kept up to date with what was going on, and couldn’t have gotten the outcome without Patrick and the team at Turnbull hill lawyers.
Highly recommend.
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Frequently Asked Questions
That’s a personal matter, but we recommend you bear in mind these three important points:
- The only reason you must get a divorce is if you want to remarry.
- Immediately upon separation, you can take action about all other matters i.e. property settlement, spousal maintenance, arrangements for children and child support. You do not have to wait until you are divorced.
- Court proceedings for property settlement and/or spousal maintenance need to be commenced within 12 months of the divorce order taking effect. Outside of this period, you need to seek special leave from the Court to proceed with a case for property settlement and/or spousal maintenance.
The divorce process typically takes a minimum of four months from the application date to the issuance of the divorce order. However, complications, such as difficulty serving documents to your spouse, can significantly prolong this process.
Ultimately, the timeline for obtaining a divorce hinges on the complexity of your situation. To avoid delays, it's essential to meet all requirements from the outset, such as providing documents like your marriage certificate and avoiding errors or omissions in your application.
Additionally, a divorce will only be granted if you and your spouse demonstrate appropriate arrangements for the care and welfare of any children involved.
Importantly, the divorce order only takes effect one month and one day after the final hearing.
In Australia, we have a ‘no fault’ divorce system. This means the behaviour of parties in the lead-up to divorce is not relevant. The only thing that matters is that the relationship has completely broken down and will not be reconciled. The main indicator of this breakdown is a separation period of 12 months.
An application for divorce requires that you have been separated for at least 12 months.
You must be able to provide proof that you have been separated for 12 months. During these 12 months, it is common for separated parties to decide to re-connect and give their relationship another chance. However, they could only do this for up to 3 months without re-starting the 12 months again.
For example, if they’ve been separated for 4 months, then get back together for 3 months and separate again for a further 8 months, this will count as a 12-month separation period and they will be able to apply for divorce.
However, if they get back together and stay together for longer than 3 months, the initial 4-month separation period would no longer count towards the total number of months apart.
Yes. Living separately and apart does not require you and your spouse to be living in different houses, so long as you can show that the relationship has ended.
The most important factor to consider is that the Court requires proof that you have been separated for 12 months. If it can be proven that you lived in the same house, however, led separate lives, this will suffice. There are several things that the Court will take into consideration in deciding whether separation has occurred including:
- Whether you still sleep in the same bed;
- Whether you still maintain a sexual relationship;
- Whether you still share meals and domestic duties
- Whether you still share money and bank accounts
- Whether you have told your friends and family you have separated; and
- Whether you continue to introduce yourself as a couple.
If you separate, resume living together and then separate again, you can commence the calculation of the twelve months separation period from the beginning of the first separation period as long as there is only one resumption period of up to three months (but the resumption period cannot be included in the twelve months).
We recommend seeking legal advice before applying for divorce if you have been residing under the same roof.
Yes. If you have been married for less than two years, you will only be permitted to apply for divorce after both parties have attended counselling. If there are special circumstances and counselling cannot occur an affidavit must be filed with the Court explaining why counselling cannot occur.
We recommend seeking legal advice before applying for divorce if you have been married for less than two years.
No. There is no law that forces separated couples to get a divorce. However, you will not be able to remarry someone else until you get a divorce. Staying married also impacts your rights and obligations concerning financial matters and any Wills & Estates-related documents that are in place.
If you are planning on separating without getting an official divorce you should immediately seek legal advice to get an understanding of your rights and obligations moving forward.
You will not be able to remarry until the divorce order becomes final. In most cases, the divorce order becomes final one month and one day after the divorce hearing. It is common for people to plan their wedding very close to the date that they expect their divorce (from their previous partner) to be finalised.
We recommend avoiding this at all costs because several factors could delay the process and force you to re-schedule your wedding plans. However, once your divorce order is finalised, there is no waiting period. You will be able to remarry the following day.
Technically, no. You are not legally required to engage a lawyer when getting a divorce in NSW or anywhere else in Australia. However, we always recommend seeking legal advice before your file.
While the court registry may provide guidance if you opt for a DIY divorce, they cannot offer tailored legal advice. Consequently, if you have questions about the process, you must consult with a lawyer. Keep in mind that you will need to inform this lawyer of your case to date. Addressing any issues in your application may ultimately incur additional time and expenses than if you hired a solicitor from the outset.
Moreover, before committing to self-representation, it's crucial to thoroughly understand the procedures, laws, and requirements involved to ensure you can manage this process on your own.
Lastly, it's essential to consider any other legal matters that may arise from your divorce, such as parenting arrangements, spousal maintenance, property settlement and estate planning.
If any of these issues apply, engaging our divorce services from the beginning can lead to superior outcomes. As trusted NSW divorce lawyers with expertise in various legal areas, we can provide streamlined support to meet all of your needs efficiently. Contact us today to get started.
Yes. Even if you were married overseas you may apply for divorce in Australia if you (or your spouse) are an Australian citizen, can prove Australia is your main place of residence, and/or can show that you have lived in Australia for at least 12 months before applying for divorce.
If you were married overseas and are thinking about separating in Australia we recommend you immediately seek legal advice to determine if you are eligible.
You can only legally oppose a divorce application if the 12-month separation period has not yet passed or the Court does not have jurisdiction. To oppose the divorce you must complete and file a ‘Response to Divorce’ and appear in person on the hearing date.
You must appear in person on the date of the hearing, as the Court may decide on the divorce application in your absence. If you are planning on opposing a divorce we recommend you seek legal advice immediately.
FCFCOA stands for the Federal Circuit and Family Court of Australia. The FCFCOA handles divorce applications across the country. It may also hear other Family Law matters, such as property settlements, parenting orders, child support and spousal maintenance.
The changes in your circumstances brought about by separation and divorce mean that reviewing your Will is essential. If you separate from your spouse and you had made your will following your marriage, your will remains in effect.
However, if you divorce your spouse, any benefits bestowed on them by the will are revoked and they will be removed as an executor.
In all divorce applications, we are required to provide you with the Court’s brochure entitled “Marriage Families and Separation”.
A divorce will also have an impact on the time limits for making an application for property settlement.
If you and your spouse are divorced, you have one year from the date of the divorce to apply to the Court for Orders for property settlement. Another option is to complete an Application for Consent Orders and file the same with the Court, or complete a Binding Financial Agreement (separation agreement). If this does not occur, you will need the Court’s permission to apply and such permission is not always granted.
The granting of a divorce does not decide issues about property, maintenance or parenting arrangements for your children. If you wish to make arrangements for these issues, you can:
- Make an appointment to obtain advice; or
- Make an appointment if you and your spouse have reached an agreement so that such an agreement can be filed as a separate application; or
- Engage a mediator to assist you in reaching an agreement in these matters.
An uncontested divorce is agreed upon by both partners. We can process this type of divorce application using an online form, quickly and easily, without the need for costly appointments.
Our fixed fee, Australia-wide online divorce service is for you if:
- You have separated from your spouse;
- You’ve been married for at least 2 years;
- You’ve lived separately and apart for at least 12 months;
- Your spouse consents to the divorce;
- Proper care arrangements have been made for all children currently under 18; and
- Both you and your spouse have an Australian mailing address
As of July 1, 2024, the approximate cost of filing a divorce application is $1,100. However, there are other potential expenses to consider in addition to this fee, such as those for hearings, mediation and solicitor fees. You may also wish to arrange property and parenting orders.
Generally, the longer and more complex the divorce proceedings, the greater the cost. Once we understand your unique situation, we can present you with a personalised quote for our legal services. Call our divorce lawyers to schedule a consultation today.
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