Divorce Lawyer Sydney
Navigating divorce in Australia
Divorce is a major life event for every Australian family. While you may be certain that it’s time for you and your partner to go separate ways, navigating your legal obligations during this highly emotional time can be stressful.
Doolan Wagner Family Lawyers is a highly professional and experienced Family Law firm. Our sharp team of divorce lawyers in Sydney will work with you to achieve the best possible outcome for you and your family. With our insightful and practical legal counsel, you can confidently step into your new phase of life.
Doolan Wagner Family Lawyers provide various legal services to help our clients work through their divorce. From understanding your child custody rights to providing compassionate counsel during domestic violence situations, our qualified team is highly competent and understands all areas of Family Law.
If you are going through a divorce, have your case taken care of by getting in touch with one of our divorce lawyers today.
If you are going through a divorce, speak to one of our divorce lawyers today
Personalised advice with no obligation
THE PROCESS
We guide you every step of the way
Applying for a divorce
The decision to apply for a divorce is never an easy one, as it signifies the irrevocable breakdown of your marriage. But before you and your spouse can go your separate ways legally, a few criteria must be met.
Eligibility for divorce
Before you can divorce your spouse, Australian Law requires both parties to have been separated and living separately for at least 12 months. It’s important to note that while you are separated from your spouse, you are still legally married even though one party has intentionally decided to end the marriage.
If you have been married for less than two years, you and your spouse must attend marriage counselling to determine whether the marriage can be reconciled.
While separated couples can choose to continue living together during this period, it can make proving the separation date difficult. In these circumstances, we recommend you seek the legal guidance of our divorce lawyers, who are highly qualified to handle the matter.
Once the separation period ends, you can file your application for a divorce through the court, either on your own or jointly with your spouse.
Court requirements
Applications for a divorce must be completed online and submitted via the Commonwealth Courts Portal.
As part of your application, you will need to submit the following documents:
- Your marriage certificate
- Proof of jurisdiction (Australian citizenship certificate, Australian passport or visa)
- Marriage counselling certificate (for marriages less than two years old)
- An affidavit stating that you have been living separately for at least 12 months, if you have remained living under the one roof
Once your application has been completed, you will be asked to pay the filing fee. The amount you are required to pay will depend on the nature of your case and if you have eligible government concession cards or are experiencing financial hardship.
Questions about Divorce?
A separation means that a married couple is no longer living together but still holds their marital status. A divorce is the legal termination of a marriage.
This will depend on the complexity of your case and the level of legal assistance you require. The Court’s filing fee for divorce costs $990, though you may be able to receive a discounted fee if you present eligible government concession cards or are in financial hardship.
All couples looking to divorce must be separated for at least 12 months. If you have been married for less than two years, you are also required to attend marriage counselling to attempt to reconcile the relationship.
No, you must wait until your divorce order has taken effect and your divorce is finalised. This is typically delivered one month and one day after your divorce is granted by the Court.
Generally, you cannot oppose a divorce application in Australia, though there are special circumstances where it is warranted. If you have been separated from your partner, you can only oppose the divorce if there has not been a 12-month separation as required and if you believe the Court does not have jurisdiction to grant the divorce.
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