Trusted Divorce and Family Lawyers in Sydney

The Court charges a filing fee to file a divorce application, and a reduced fee may be available to people who hold certain concession cards or are in financial hardship. The current amounts and who qualifies are on the Court’s own fee page: Federal Circuit and Family Court of Australia — family law fees.

Legal costs are separate from the Court’s fee and depend on what the work involves — whether anything is in dispute, and whether parenting or property matters are running alongside the divorce. Ask us for a quote for your circumstances.

  View our Divorce Pricing Guide

Not automatically. Whether anyone needs to attend depends on the application: whether it is a joint or a sole application, whether the other party has been served and whether they file a response or object, and what directions the Court makes. The Court sets out how divorce hearings work here: Divorce hearings.

Property settlement is a separate matter from the divorce itself, and a divorce order does not decide it. You can read about property settlement options here.

No. You can prepare and file a divorce application yourself through the Commonwealth Courts Portal, and the Court’s own instructions for doing it are here: Apply for a divorce.

A lawyer is optional. People often get advice where parenting arrangements, property or spousal maintenance are involved, because those are separate applications from the divorce itself.

Separation simply means you’re no longer living as a couple, even if you’re under the same roof. Divorce is the legal process that ends your marriage. You can remain legally separated without divorcing — though this may affect your rights around property, wills, or remarriage.

There’s no fixed formula. The Family Law Act considers:

• Each person’s financial and non-financial contributions

• The length of the relationship

• The future needs of each party

• Whether children are involved

A fair and equitable outcome is the goal. You can divide assets by agreement, via a Binding Financial Agreement, or by applying to the court.

  Learn about property settlements

Super is considered property and can be split between spouses, even if not accessible yet. This requires a superannuation splitting order or inclusion in a financial agreement.

De facto partners can apply to the Court about property and spousal maintenance, as married couples can. An application about financial matters is generally made within two years of the breakdown of the relationship; after that the Court’s permission is needed, and whether you are eligible to apply at all depends on your circumstances. The Court explains the process here: Financial or property matters.

That two-year period is about financial applications. It is not a deadline for parenting arrangements, and it does not mean everything has to be finalised within two years.

  The Court’s guidance on financial and property matters

If you’re unable to support yourself after separation and your ex-partner has the financial capacity to assist, you may be eligible for spousal maintenance. This can be short-term or ongoing, depending on your situation.

  Read about eligibility

Not necessarily. Many couples resolve property and parenting disputes through mediation or Consent Orders. This keeps costs lower and avoids stress. We offer both negotiation and court representation.

There is no single best divorce lawyer, and we would not claim to be one. What matters is the fit for your matter. Worth asking anyone you speak to: what experience they have with matters like yours, how fees are charged and what is included, who will actually do the work, and how and how often you will hear from them. Ask for the answers in writing before you engage anyone.

A consent order is not compulsory. Where both parents agree on parenting arrangements, those arrangements can be put to the Court as consent orders, which makes them orders of the Court: Apply for consent orders. The Court also sets out what to do where parents agree: Agreeing about arrangements for your children.

An agreement that is not an order is not an order of the Court, so it is not enforceable in the same way. What weight it carries, and what happens if one parent later departs from it, depends on the circumstances — get advice about your own situation before deciding either way.

👉 Learn more about parenting and child custody here