Divorce Lawyers Sydney
Divorce and Separation Lawyers in Sydney CBD
You may be ready to apply. Or you may be sitting there wondering whether, with everything that has happened, you can start yet. MSA Legal acts for people across Sydney and New South Wales who need help ending a marriage. Bring that question along.
Our divorce lawyers in Sydney talk through the paperwork and what comes next, in words you can actually follow. Looking for divorce lawyers Sydney CBD residents can meet locally? You can visit our office or arrange Zoom, and speak with our family law team before deciding what you need help with.
How Divorce Works in Australia?
Divorce is no-fault in Australia. What matters is irretrievable breakdown, which means, really, that there is no reasonable chance of resuming married life. You need 12 months and one day of separation before applying. Separation under one roof can count with evidence. The Federal Circuit and Family Court of Australia hears applications.
At least one spouse must be an Australian citizen or regard Australia as their permanent home. Alternatively, they must ordinarily live here and have done so for the year immediately before applying. Our Sydney divorce lawyers check those details, before anything is filed.
What a Divorce Order Does Not Cover
A divorce ends the marriage itself. It does not divide property or decide parenting arrangements, even when those concerns feel, quite understandably, like the things you really need sorted out. Family law property settlement needs its own process. Keep the dates in mind. Property proceedings must be commenced within 12 months of the divorce order taking effect.
Parenting applications do not have that same deadline. You can get property advice before divorce, and mediation, where safe and appropriate, may help settle related disputes without a contested hearing. Get advice about making any agreements legally binding.
Sole and Joint Divorce Applications
You can apply together. With a joint application, both spouses sign and there is still no need to serve the documents on each other, which can make that part a little bit easier if you can cooperate. Other disagreements can still be there. A sole application needs only one spouse, without the other’s consent.
Service must happen at least 28 days before the hearing if your spouse is in Australia, or 42 days overseas. You cannot serve them by hand yourself. Our lawyers for divorce explain the options, including when you cannot find your spouse.
Divorce When You Have Children Under 18
The court needs to know how your children are being looked after. If there are children of the marriage under 18, it must be satisfied that proper arrangements have been made for them. Put the details in. Explain where they live and how school is going, with information about health and financial support, then their time with each parent as well. It can feel like quite a bit to explain. Our divorce lawyers help with that information and any questions. Having children under 18 does not automatically require hearing attendance, which we check for you.
What Divorce Costs in Sydney
Looking up divorce lawyers Sydney cost details can get confusing, because the court filing fee and the lawyer’s bill differ, and both matter to your budget. The court fee is $1,170, or $390 if you qualify for a reduction. What you pay for legal work depends on what actually needs doing, including difficult service or extra separation evidence. MSA Legal uses an hourly rate model and discusses the rate and likely costs before you engage us. The first consultation is free, so you can ask the money questions right there, before deciding to go ahead.
Rely on Our Legal Experts When Facing Difficult Times
Searching for the best divorce lawyers Sydney has to offer, can leave you with, well, quite a lot of names to sort through. Start with the conversation. MSA Legal is led by Miray Azzi, whose experience includes work in both the public and private sectors.
You can meet in Sydney CBD or speak by Zoom, whichever fits more comfortably around your day. If you are hesitating about hiring a divorce lawyer, use the free first consultation to ask how your application would be handled and what hourly billing means for you, in actual practice.
Book a Consultation With a Sydney Divorce Lawyer
When you’re going through a tough time, don’t let it get to you and allow the best family divorce lawyers Sydney has to offer help you. Book a consultation in person or via Zoom and explain what is happening. The first meeting is free.
This is the best moment to present your case and discuss which applications suit your needs best. We will explain the documents and present a rough estimate to you, so there’s no confusion later. Call us directly at (02) 9299 0222 or email info@msalegal.com.au and book your free consultation with the best divorce lawyers in Sydney Australia.
Frequently Asked Questions
How long does a divorce take in Sydney?
It can take several months after filing. The hearing date depends on court availability and whether your paperwork is complete, so there is, unfortunately, a bit of waiting involved. Once granted, the order usually takes effect one month and one day later. Your divorce lawyer can check the dates and explain whether service problems or missing information might slow your application down.
Do I need to be separated for 12 months before applying for divorce?
Yes, you do. You need at least 12 months and one day of separation before applying, even if you feel, quite honestly, ready to have it all finished now. The marriage must have broken down with no reasonable chance of reconciliation. You can still get legal advice earlier. Property and parenting matters can also be dealt with while you wait to apply.
Can we be separated while still living in the same house?
Yes, that can count. Sharing an address does not, on its own, mean you are still living as a married couple. You will need affidavit evidence about what changed, including sleeping arrangements or how you handled money. Independent evidence may also be needed. Our divorce lawyers can explain which affidavits your application requires, so you know what to gather before you file.
How much does a divorce lawyer cost in Sydney?
The total depends on the work involved. MSA Legal uses hourly rates, which means a more involved application can, as you would expect, cost more to handle. Ask about the rate and likely work at your free first consultation. The separate court filing fee is currently $1,170, or $390 if you qualify for a reduction. Service or translation expenses may add more.
Do both of us need a lawyer to get divorced?
No, you do not. You can apply jointly or on your own without a lawyer, as long as you meet the requirements and complete the steps properly. Your spouse’s consent is unnecessary for a sole application. You can still speak with a divorce lawyer just for yourself, though. Separate advice is useful where your interests differ or other disagreements are still hanging around.
Does getting divorced sort out our property and finances?
No, those matters require additional attention. Divorce ends the marriage, and it can feel like that should settle everything else too, but property and finances follow separate processes. You can deal with them before divorce. If property proceedings are needed, they must be commenced within 12 months after the divorce order takes effect. Get advice early enough to make an agreement legally binding or meet that deadline.
What happens to our property if we do not apply within 12 months of the divorce?
You may need the court’s permission to start late property proceedings. It is not automatic, even if you have what feels like a fair reason for waiting. The court considers hardship if permission is refused, along with the legal requirements and reasons for delay. Your property does not automatically transfer to your former spouse. Get advice promptly about what you can still do.
