Divorce is a significant life event that can be emotionally and legally complex. At Digital Age Lawyers, our experienced divorce lawyers in Sydney provide clear and compassionate legal advice to help you navigate separation, divorce applications, property settlements, and parenting arrangements with confidence.
Understanding the Divorce Process in NSW
Divorce in Australia is governed by the Family Law Act 1975. To apply for a divorce, you must meet the following criteria:
- You have been separated for at least 12 months.
- The marriage has irretrievably broken down.
- At least one party is an Australian citizen, permanent resident, or has lived in Australia for at least 12 months.
If eligible, you can lodge your divorce application through the Federal Circuit and Family Court of Australia (FCFCOA).
Separation & Living Arrangements
Separation does not always require living in separate homes. If you are separated under one roof, you may need to provide additional evidence, such as:
- Whether you have clearly stated your intention to end the relationship.
- How you manage finances and household responsibilities post-separation.
- Parenting and childcare arrangements.
- If a third party (e.g., friend or family member) can confirm your separation via an affidavit.
- Whether a formal separation agreement exists.
ts and covenants – Check for legal restrictions that could impact the property’s use.
Property & Financial Settlements
Divorce does not automatically divide assets. Property settlements can occur before or after divorce and consider:
- Financial and non-financial contributions.
- Future needs, including income, health, and caregiving responsibilities.
- Whether the division is just and equitable.
Settlements can be finalised via mediation, consent orders, or court proceedings.
Parenting Arrangements & Child Custody
The best interests of the child are the primary consideration in parenting arrangements. Parents may agree on informal arrangements or seek legally binding parenting orders.
Key considerations include:
- Where the child will live.
- Decision-making responsibility for education, healthcare, and other major aspects.
- Parenting time and visitation schedules.
Family dispute resolution (mediation) is generally required before court proceedings unless exceptional circumstances apply, such as family violence or urgent matters.
A property settlement must be negotiated separately. Learn more about our Family Law Services.
What if I Was Married Overseas?
If you were married overseas but have lived in Australia for 12 months or more, you can still apply for divorce in Australia. If your marriage certificate is not in English, it must be translated by a certified translator.
Can I File for Divorce Myself?
Yes, you can file for divorce either jointly or individually.
- A joint application is signed and submitted by both parties.
- An individual application requires you to serve divorce papers on your ex-partner.
- If your ex-partner is overseas, additional legal steps apply.
Given the complexity of legal requirements, seeking advice from experienced divorce lawyers in Sydney can help avoid delays or errors in your application.
How Digital Age Lawyers Can Help
At Digital Age Lawyers, our divorce lawyers in Sydney offer tailored legal solutions, including:
- Divorce applications and representation.
- Property settlements and financial agreements.
- Parenting arrangements and child custody matters.
Take the Next Step – Get Expert Legal Support Today
Divorce can be overwhelming, but you don’t have to navigate it alone. Our experienced family lawyers provide affordable, fixed-fee legal services to ensure you get the best possible outcome.
If you have recently separated and require
For expert legal assistance with your property purchase, contact Digital Age Lawyers today.
(02) 8858 3211 | info@digitalagelawyers.com
