Sydney Family Lawyers

The paperwork for the divorce can be organised fairly quickly once it is established that you meet the eligibility requirements for a divorce. Usually the divorce application can be filed within a 28 day time period. 

Once filed, the final Divorce Order usually takes 2 to 3 months to process. This timeline can be extended if locating the other party in order to serve them proves difficult.

The first step is to call us on 1300 933 191 or fill out the form on this page, and book in a consultation with one of our lawyers. We will formulate a strategy based on your situation, and determine an action plan to move forward.

The process for marriage in Australia, as well as divorce, is the same for same-sex couples as it is for straight couples. The same goes with partners in a defacto relationship. 

However there are issues that are unique to Queer couples and families, and you may specifically want to seek out a progressively-minded law firm.

Mediation is unlikely to be used during the divorce process itself.

However where there are disagreements around issues involving assets (for example, pets, house, cash, bank accounts, superannuation) or children then mediation may be a way resolve such disputes.

Mediation can be cheaper, and less stressful alternative to processings in the Courts. In any event, the parties will have to demonstrate they have made an attempt at Meditation when commencing Court proceedings.

The sessions are conducted by a mediator who has the goal of helping the parties come to an agreement, which may then be later formalised by a Court.

You will need to show that:

• The marriage is valid
• You have been separated for at least 12 months
• There is no hope for the relationship to be reconciled
• You have an Australian mailing address

Generally, if you’re the person applying, then you will cover the filing fee. If your ex-partner agrees to it, then costs can be shared between the two of you. 

Lawyers fees are additional, and each side will pay their legal fees separately.

Generally in Family Law proceedings, each party is expected to pay for their own legal fees. The Family Court does have discretionary powers to award the costs of one side to another, and will take into account the personal circumstances of the parties before making an order for costs.

Once your divorce has gone through and the Divorce Order is made, you will be able to remarry. This is normally a month and one day after the Court grants your divorce.

You should be aware that it is illegal to get remarried until the divorce has become final.

The divorce itself does not deal with the arrangements surrounding your assets or children.

These need to be dealt with separately.

You do not need to wait until the divorce has been formalised. As soon as you have separated from your ex-partner, you can begin the process for a property settlement.

Assets that have been acquired during the period of separation will be included in the “asset pool” to be divided between the parties. This continues until the date of settlement.