Divorce and Legal Separation
1000 + Reviews
Get the comfort you deserve knowing your family matter is in the hands of an expert family law team.
Divorce and Legal Separation
1000 + Reviews
Get the comfort you deserve knowing your family matter is in the hands of an expert family law team.
Get the comfort you deserve knowing your divorce or separation is in the hands of an experienced family law team.
Experienced Family Law Specialists
With over 40 years of combined experience, our team of family lawyers is dedicated to guiding clients through divorce and separation with care, clarity, and legal precision.
Client-Focused Divorce Solutions
With over 40 years of combined experience, our team of family lawyers is dedicated to guiding clients through divorce and separation with care, clarity, and legal precision.
5-Star Rated Service Across NSW
Our clients consistently leave five-star reviews for our personal approach, professional service, and positive results in complex family law cases.
Free Initial Family Law Consultation
Book a free consultation today. We’ll explain your rights, obligations, and next steps—no pressure, just clear advice tailored to your situation.
Experienced Family Law Specialists
With over 40 years of combined experience, our team of family lawyers is dedicated to guiding clients through divorce and separation with care, clarity, and legal precision.
Client-Focused Divorce Solutions
With over 40 years of combined experience, our team of family lawyers is dedicated to guiding clients through divorce and separation with care, clarity, and legal precision.
5-Star Rated Service Across NSW
Our clients consistently leave five-star reviews for our personal approach, professional service, and positive results in complex family law cases.
Free Initial Family Law Consultation
Book a free consultation today. We’ll explain your rights, obligations, and next steps—no pressure, just clear advice tailored to your situation.
Navigating the complexities of divorce and legal separation in Australia requires a thorough understanding of the legal frameworks, processes, and implications involved. At My Divorce Lawyers, we are committed to providing comprehensive guidance to help you make informed decisions during this challenging time.
Understanding Divorce in Australia
Divorce legally terminates a marriage, allowing both parties to remarry if they choose. Australia operates under a “no-fault” divorce system, meaning the court does not consider the reasons for the marriage breakdown. The sole ground for divorce is the irretrievable breakdown of the marriage, demonstrated by a 12-month separation period.
Key Points:
Separation Under One Roof: It’s possible to be considered separated while living in the same residence. In such cases, evidence must be provided to prove the separation, such as demonstrating separate sleeping arrangements and financial independence.
Application Process: After the 12-month separation, either party can file for divorce individually or jointly. If there are children under 18, the court must be satisfied with the arrangements for their care before granting the divorce.
Time Limits for Property Settlement: It’s crucial to note that applications for property settlement must be made within 12 months of the divorce being finalized. Failing to adhere to this timeframe may require seeking special permission from the court to proceed.
Legal Separation Explained
Legal separation occurs when a couple decides to live apart without formally ending their marriage. In Australia, there is no formal process to register a separation, but it’s advisable to document the separation date for legal purposes. During separation, couples may need to address:
Property and Financial Settlements: Determining the division of assets and liabilities.
Parenting Arrangements: Establishing custody and visitation schedules for children.
Spousal Maintenance: Assessing whether one party should provide financial support to the other.
It’s important to understand that being separated does not dissolve the marriage; neither party can remarry until a formal divorce is granted.
Distinguishing Between Divorce and Legal Separation
While both divorce and legal separation involve living apart from a spouse, they differ in several key aspects:
Legal Status: Divorce legally ends the marriage, whereas separation does not.
Remarriage: Only after a divorce can individuals remarry.
Property Settlement Timeframes: For married couples, property settlement applications must be made within 12 months post-divorce. For de facto relationships, the timeframe is two years from the date of separation.
Property Settlement Considerations
Property settlement involves the division of assets and liabilities accumulated during the relationship. The process includes:
Identifying Assets and Liabilities: Compiling a comprehensive list of all assets (e.g., real estate, vehicles, superannuation) and liabilities (e.g., mortgages, loans).
Assessing Contributions: Evaluating financial and non-financial contributions made by each party, including income, homemaking, and child-rearing responsibilities.
Considering Future Needs: Taking into account factors such as age, health, earning capacity, and care of children.
Know more Achieving a Just and Equitable Division: Ensuring the settlement is fair and considers the circumstances of both parties.
It’s advisable to formalize property settlements through legally binding agreements to protect both parties’ interests.
Parenting Arrangements and Child Support
When children are involved, their well-being is paramount. Parents are encouraged to develop a Parenting Plan outlining:
Living Arrangements: Where the children will reside.
Time Spent with Each Parent: Schedules for visitation and holidays.
Decision-Making Responsibilities: How decisions regarding education, health, and welfare will be made.
If parents cannot agree, they may seek Parenting Orders from the court. Additionally, child support arrangements should be established to ensure the financial needs of the children are met.
Alternative Dispute Resolution
Litigation can be time-consuming and costly. Alternative Dispute Resolution (ADR) methods, such as mediation, offer a collaborative approach to resolving disputes. ADR can be particularly beneficial in reaching amicable agreements on property settlements and parenting arrangements.
How My Divorce Lawyers Can Assist You
At My Divorce Lawyers, we’re more than just legal representatives — we’re here to support you through what may be one of the most difficult and emotional times of your life. With decades of combined experience across all aspects of family law, we provide practical, results-driven advice that is sensitive to your circumstances.
We assist clients in matters including:
Divorce Applications – We prepare and file your application, represent you in court (if required), and help ensure all documentation is in order.
Legal Separation Support – Whether you are unsure about divorcing or navigating complex de facto separation, we offer clear advice.
Property and Financial Settlements – We help you negotiate and formalise a fair division of assets and debts.
Parenting Agreements – From parenting plans to parenting orders, we help protect your child’s wellbeing.
Spousal Maintenance – We advise on your rights and responsibilities and assist with applying or responding to claims.
Binding Financial Agreements – Whether you’re separating or protecting future assets, we draft legally sound BFAs.
Mediation and Alternative Dispute Resolution – Whenever possible, we help you resolve issues without going to court.
Urgent Applications – If you or your children are at risk, we can act quickly to protect your safety and rights.
With offices in Parramatta, Sydney CBD, Liverpool, Blacktown and Bankstown, we offer flexible appointments and tailored legal strategies across New South Wales.
Contact us today to book a confidential initial meeting with an experienced family lawyer.
Talk to a Family Law Expert Today
Welcoming and friendly on entering the suite. Offered coffee/ tea, which they got from a local cafe ( good coffee). All the team were professional, friendly and helpful…
Mark Adler
“Jameson Law made my divorce process smooth and stress-free. Their team guided me through every step with professionalism and care.”
Sarah B.
“I was struggling with child custody, but they fought for my rights and helped me get a fair parenting agreement. Highly recommend!”
Michael K.
“The lawyers were compassionate, knowledgeable, and always available when I needed them. I felt truly supported.”
Emily R.
Thank you, Jamesonlaw, for your outstanding service in assisting my husband with his court matters. Your clear communication and keeping us informed throughout the process made it easy for us to achieve the best possible outcome today…
Salome S.
I highly recommend Jameson Law. They indeed simply get it and made sure the matter was resolved successfully.
I’m super grateful for my lawyer, Zoey Osoly. She’s very well versed in handling complex family law matters…
Stephanie S.
FAQs
Frequently Asked Questions
Answers to common questions about the divorce process, legal rights, and next steps.
Once you apply, a court hearing is usually set within 6–12 weeks. The divorce becomes final one month and one day after it’s granted (if uncontested).
Not always. If it’s a joint application and there are no children under 18, no appearance is required. If there are children or it’s a sole application, you may need to attend.
You may be separated “under one roof”. You’ll need to provide additional evidence, such as separate finances, bedrooms, and minimal communication.
Yes. You can make a property or financial agreement before, during, or after separation — but it must be finalised within 12 months of divorce.
We help parents negotiate Parenting Plans. If no agreement is reached, the court can issue Parenting Orders based on what’s in the child’s best interests.
Spousal maintenance supports an ex-partner who cannot meet their own needs.
Child support ensures children are financially supported, usually managed via Services Australia
Client Testimonials
Proven Results. Trusted Support.
Divorce is a life-changing experience, and having the right legal team by your side makes all the difference. See how we’ve helped our clients navigate complex situations with confidence and achieve the best possible outcomes.
Welcoming and friendly on entering the suite. Offered coffee/ tea, which they got from a local cafe ( good coffee). All the team were professional, friendly and helpful…
Mark Adler
“Jameson Law made my divorce process smooth and stress-free. Their team guided me through every step with professionalism and care.”
Sarah B.
“I was struggling with child custody, but they fought for my rights and helped me get a fair parenting agreement. Highly recommend!”
Michael K.
“The lawyers were compassionate, knowledgeable, and always available when I needed them. I felt truly supported.”
Emily R.
Thank you, Jamesonlaw, for your outstanding service in assisting my husband with his court matters. Your clear communication and keeping us informed throughout the process made it easy for us to achieve the best possible outcome today…
Salome S.
I highly recommend Jameson Law. They indeed simply get it and made sure the matter was resolved successfully.
I’m super grateful for my lawyer, Zoey Osoly. She’s very well versed in handling complex family law matters…
Stephanie S.
Contact Us
Expert Legal Support When You Need It Most
Reach out to our team for professional guidance on your divorce and family law matters. We’re here to help you take the next step with confidence.
- L2 9 Philip St Parramatta NSW
- 1800826895
- info@jamesonlaw.com.au
