Divorce Lawyers Sydney
Guiding You Through Life's Toughest Challenges
We understand that going through a divorce can be one of the most challenging times in your life. That’s why having a family lawyer represent you can ensure that you have someone there to support you through all the legalese.
Our dedicated team of Sydney family lawyers is here to provide you with the support, guidance, and legal expertise you need to achieve a fair and equitable resolution. Whether you’re dealing with divorce, child custody, child support, property settlement, or any other family law matter, we are committed to protecting your interests and helping you move towards a better future with confidence and clarity.
With over 20 years of experience and a reputation for compassionate and effective representation, Chatswood Family Lawyers is your trusted partner in family law. We offer personalised attention, affordable rates, and a comprehensive range of services to meet your unique needs. Our extensive network of professional contacts, including counsellors, family therapists, and financial advisors, ensures that you receive holistic support throughout the process.
Let us help you get through your divorce- we’ll be with you every step of the way.
Speak to us today to schedule a consultation.
THE CURRENT COMPLEX STATE OF DIVORCE IN AUSTRALIA
Although Australian divorce laws have changed and made it simpler for incompatible spouses to obtain a divorce, a number of situations or facts can complicate that divorce.
Divorce is the dissolution of a marriage, and whilst it is now a no-fault system so that you do not need to provide evidence of the reasons for your divorce to your divorce attorney, you or your spouse must have been born in Australia or have become an Australian citizen by descent, are an Australian citizen by a grant of Australian citizenship and are legally in Australia and have lived in Australia for the past 12 months.
On top of this, you and your spouse must have been separated for more than 12 months and with no possibility of getting back together. All these factors need to be taken into account when hiring family law specialists. If you have been living separately under the same roof for more than 12 months, you can still apply for a divorce, but you need to prepare and file additional documents. Further, if you have been married for less than 2 years, you and your spouse must consider marriage counselling before you can apply for a divorce with the help of a divorce attorney.
ONLINE ENQUIRY
SOLE OR JOINT APPLICATIONS FOR DIVORCE
You can choose to file either a sole or joint application for divorce. Once filed, the divorce application needs to be served at least 28 days before the divorce hearing date.
SOLE APPLICATION FOR DIVORCE
A sole application is when only one spouse initiates the divorce proceedings. This type of application may be suitable if:
- You and your spouse are not on amicable terms.
- Your spouse is uncooperative or unwilling to participate in the divorce process.
- There are specific issues or disputes that require individual legal representation.
When filing a sole application, you must ensure that your spouse is properly served with the divorce documents. If your spouse is in Australia, the documents need to be served at least 28 days before the hearing date. If your spouse is overseas, the documents must be served at least 42 days before the hearing date. Additionally, if there are children under 18 involved, you must attend the court hearing.
JOINT APPLICATION FOR DIVORCE
A joint application is when both spouses agree to file for divorce together. This type of application may be appropriate if:
- Both parties are on good terms and agree on the terms of the divorce.
- There is a mutual understanding and cooperation between you and your spouse.
- You both want to avoid the stress and cost of attending court hearings.
A joint application typically simplifies the process as it demonstrates to the court that both parties are in agreement regarding the divorce. In this case, neither party needs to serve documents to the other, and there is usually no requirement to attend court unless there are children under 18 involved.
DIVORCE OVERSEAS
If your spouse is overseas, the documents must be served at least 42 days before the divorce hearing date. You also must go to court for the divorce hearing with the help of a divorce attorney if you have applied for the divorce on your own (that it is not a joint divorce between you and your spouse) or if there is a child of the marriage under 18 years at the time that you applied for the divorce.
If the court grants the divorce, it becomes final 1 month and 1 day after the hearing date, and after that time, you can download the divorce order from the Commonwealth Courts portal alongside the guidance of a divorce attorney.
IMPORTANCE OF HIRING LEGAL REPRESENTATION FOR A DIVORCE
It is generally advisable that you seek legal advice as soon as you plan to separate from your partner or as soon as separation takes place to ensure that you can understand your rights and meet your responsibilities.
We are committed to guiding you through this difficult stage in your life. As resourceful, experienced, and reputable divorce lawyers in Chatswood, we can direct you on whether you can legally file for divorce, what your legal rights are after a divorce, and whether you should attend mediation or counselling services to resolve any potential concerns that you and/or your partner might have.
Our dedicated family law team is here to provide tailored legal advice and services to help you navigate the complexities of family law.
Obtaining legal advice is especially important when you have children, as we can advise you on the optimal way to proceed with the divorce in order to minimise the emotional stress or trauma it may have on them.
Your divorce lawyers will work with you to understand your desired outcomes, clarify misunderstandings and misconceptions about the law of divorce, handle complex family law matters, and faithfully represent your best interests in your divorce.
Most importantly, divorce does not automatically translate to attending Court against your partner. At Chatswood Family Lawyers, we offer numerous less formal alternatives to litigation, such as negotiation, mediation, or family dispute resolution, while still maintaining the same standard of care expected in any Court proceeding.
WHY WE STAND OUT
UNMATCHED EXPERTISE AND ACCREDITATION
Our team is led by Damian Phair, an Accredited Family Law Specialist with over 20 years of continuous practice in family law and divorce. Alongside Damian, Vanessa Wang, our Senior Associate, brings a wealth of experience in handling complex family law matters. Our lawyers are not only highly qualified but also recognised by the Law Society of New South Wales for their exceptional expertise. This means you can trust that you are receiving top-tier legal advice and representation.
PERSONALISED AND COMPASSIONATE SERVICE
We understand that every family’s situation is unique, and we approach each case with the personalised attention it deserves. From the moment you step into our office, you will experience a level of care and dedication that sets us apart. We listen to your concerns, understand your goals, and tailor our services to meet your specific needs. Our compassionate approach ensures that you feel supported and understood throughout the entire legal process.
COMPREHENSIVE LEGAL SOLUTIONS
At Chatswood Family Lawyers, we offer a full spectrum of family law services, including divorce, child custody, property settlements, prenuptial agreements, and spousal maintenance. Our holistic approach means we address not only the legal aspects of your case but also provide referrals to our extensive network of professionals, including counsellors, family therapists, valuers, accountants, and financial advisors. This ensures that all aspects of your situation are considered and managed effectively.
COST TRANSPARENCY AND AFFORDABILITY
We believe in providing high-quality legal representation at affordable rates. Our transparent fee structure and cost-saving measures are designed to offer you the best value without compromising on the quality of our services. We will always be upfront about the costs associated with your case, ensuring there are no surprises along the way.
CLIENT CENTRIC APPROACH
Your satisfaction and peace of mind are our top priorities. We are dedicated to keeping you informed and involved in every step of the legal process. Our clear communication, regular updates, and accessibility mean that you will never feel left in the dark. We are here to answer your questions, address your concerns, and guide you towards the best possible outcome.
TRACK RECORD OF SUCCESSFUL OUTCOMES
Our reputation speaks for itself. We have successfully represented countless clients in highly contested family law cases, achieving fair and equitable resolutions. Our clients’ testimonials highlight our professionalism, responsiveness, and ability to resolve complex issues amicably. We are proud to be a trusted name in family law on Sydney’s North Shore and beyond.
AMICABLE AND FLEXIBLE SOLUTIONS
We recognise that litigation is not always the best option. That’s why we offer numerous alternatives to court proceedings, including negotiation, mediation, and family dispute resolution. These methods can save you time, reduce stress, and minimise costs while still achieving the desired outcomes. Our innovative approach ensures that you have multiple paths to resolve your issues effectively.
SUPPORTING YOU WITH INTEGRITY AND DEDICATION
Regardless of whether you are preparing to file for family law or divorce proceedings or your ex-spouse has already initiated family law or divorce proceedings against you, trust our specialist family lawyers at Chatswood Family Lawyers to help.
As one of the leading family law firms, our Sydney divorce lawyers strive diligently to ensure your legal interests are protected and goals are achieved during a divorce. We can help you keep important property, fight to obtain (or resist) spousal support and attain custody of your children.
Contact our office today by filling out our online form, calling us at (02) 9412 4500, or via email to learn how we can help you through this difficult time.
FREQUENTLY ASKED QUESTIONS
A Binding Financial Agreement (BFA), commonly known as a prenuptial agreement, is a legal document that outlines how assets and financial resources will be divided in the event of a relationship breakdown. In Australia, BFAs can be made before, during, or after a marriage or de facto relationship. These agreements are designed to provide clarity and certainty, helping to avoid potential disputes. They must meet specific legal requirements to be enforceable, including being signed by both parties and accompanied by independent legal advice.
In Australia, divorce is based on a no-fault system, meaning that the court does not consider the reasons for the breakdown of the marriage. The only requirement is to demonstrate that the marriage has irretrievably broken down, evidenced by a separation period of at least 12 months. This approach simplifies the process, focusing on the fact of separation rather than attributing blame.
As of 2024, the standard filing fee for a divorce application in New South Wales is $1,100. However, you may be eligible for a reduced fee of $365 if you hold certain government concession cards or can demonstrate financial hardship. Additional costs may arise if you require legal representation or if there are complex issues to resolve, such as property settlements or child custody. Get in touch with us so we can provide you with a detailed quote regarding your divorce matter.
Hiring a lawyer for your divorce ensures that you receive expert advice and representation throughout the process. A lawyer can help you understand your rights and responsibilities, navigate complex legal procedures, and negotiate fair agreements on property, finances, and child custody. Their expertise can save you time, reduce stress, and help avoid costly mistakes. At Chatswood Family Lawyers, we provide compassionate and professional support to guide you through this challenging time.
In Australia, the division of property in a divorce is not automatically a 50/50 split. The Family Court considers various factors to determine a fair and equitable distribution, including the length of the marriage, contributions by both parties (financial and non-financial), future needs, and the welfare of any children involved. Each case is unique, and the court aims to achieve a just outcome based on the specific circumstances.
An annulment and a divorce both serve to legally end a marriage, but they differ significantly. A divorce terminates a legally valid marriage, while an annulment declares that the marriage was never legally valid to begin with. Grounds for annulment include instances where the marriage was entered into under duress, fraud, or if one party was already married. An annulment is less common and requires specific legal criteria to be met.
In Australia, you must be separated from your spouse for at least 12 months before you can apply for a divorce. If you reconcile briefly during this period, it must not exceed three months, and the periods of separation before and after the reconciliation must total at least 12 months. Additionally, if you have been married for less than two years, you must attend marriage counselling and obtain a counselling certificate before applying for a divorce.
No, you cannot legally remarry until your divorce has been finalised. The divorce becomes final one month and one day after the court grants the divorce order. Only after this period has passed and you have obtained the divorce order can you legally enter into a new marriage.
You are generally not required to attend the divorce hearing if you have filed a joint application for divorce or if there are no children under 18 involved. However, if you have filed a sole application and there are children under 18, you must attend the hearing. Your presence ensures that the court can make appropriate arrangements for the care and welfare of the children. It’s advisable to seek legal advice to understand your specific obligations.
Yes, you can still apply for a divorce if the period of reconciliation is no longer than 3 months and the period of separation prior to and after the brief reconciliation is at least 12 months.