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DIVORCE LAWYERS SYDNEY

YOUR RELIABLE & TRUSTED LEGAL REPRESENTATION IN FAMILY LAW MATTERS

We understand that going through a divorce can be one of the most challenging times in a person’s life.

That’s why getting in contact with a specialised divorce lawyer is essential in ensuring you receive the best possible guidance and support throughout your case.

At Ramsden Family Lawyers, our team is dedicated to providing compassionate and effective legal representation to help you steer through this difficult period.

We are committed to achieving the best possible outcome for our clients, whether through negotiation, mediation, or litigation.

Our Sydney family lawyers specialise in handling complex family law matters, including spousal maintenance claims, de facto relationships, and international property settlements.

MOVE FORWARD WITH CONFIDENCE

Before you can begin the divorce process, you must demonstrate an irretrievable breakdown of the marriage (a separation for a minimum period of 12 months with no chance of reconciliation).

You will need a valid marriage certificate and credit card details for the $1,100 court filing fee (you may be eligible for a reduced filing fee depending on your circumstances). The nature of your marriage will impact how long it will take for the Registrar to decide whether to grant you a divorce order (i.e., if it is a joint divorce application or if there are children).

Assuming a divorce order is granted, you will have 12 months to file an application for any financial orders. If you are living overseas, you can still apply for a divorce in Australia as long as you meet the relevant criteria.

CHILD CUSTODY AND DIVORCE

It is important to seek an experienced family lawyer to address child custody and child support issues during the divorce process to ensure the well-being of the children involved. Establishing solid parenting arrangements is essential to outline responsibilities, decision-making authority, visitation schedules, and other important matters related to the children’s care and upbringing. Our firm has extensive experience in handling every type of family law dispute, such as child custody disputes and negotiating child support arrangements.

Learn more about our child and parenting services.

DIVORCE ELIGIBILITY

To be eligible to make a divorce application, the following must be satisfied:

Your relationship must have irretrievably broken down;
You and your former spouse or partner must be separated and have lived separately for a period of at least 12 months; and
There is no reasonable prospect that you and your former partner will reconcile or resume cohabitation.

If you have been “on and off” with your partner, you may still be able to apply for divorce if the separation and reconciliation was less than 3 months long in total.

In some circumstances you can also apply for divorce if separated under the same roof. To do so, you will need to file an affidavit providing the Court with further evidence about how you both live separately under the same roof.

You will need to file the following documents in addition to your divorce application:

Your marriage certificate;
Credit card details for the $1,100 court filing fee.

If you do not have the original copy of your marriage certificate, you can apply to the Registry of Births, Deaths and Marriages to obtain a certified copy or instruct us to do so on your behalf. If your marriage certificate is in any language other than English, you will need to have it translated into English before it can be filed.

You may apply to the court to reduce the filing fee if you fulfil one of the following:

Hold a Centrelink healthcare card, Commonwealth seniors health card or pensioner concession card;
Are the recipient of legal aid;
Are the recipient of youth allowance, Austudy or ABSTUDY payments;
Are under 18 years old; or
Would experience financial hardship if you had to pay the full filing fee.

If you have been married for less than two years and are seeking a divorce, you must attend marriage counselling and file a counselling certificate along with your application.

DIVORCE PROCEDURE AND PROPERTY SETTLEMENT

After your application has been filed, a Registrar in the Federal Circuit and Family Court of Australia will hear your matter and then decide whether to grant you a divorce order.

If it is a joint Application (both spouses sign as joint Applicants) or there are no children under 18 years old, this will occur about two months after filing and will happen without any court appearance. If it is an application of just one spouse and there is a child under 18 years old, the Registrar will consider the Application in a short court appearance over the telephone.

If an affidavit is required in order to submit further information, we recommend that you attend the divorce hearing. If granted, the Divorce Order will become final one month and one day after the Registrar grants the divorce at the hearing.

It is important to consider the effect divorce has on your will. It can make some parts of your will ineffective. Therefore, we recommend that you contact us to help review your will.

Learn more about our will preparation services.

STATUTORY TIME LIMITS

After you have been granted a divorce, there is a time frame that you need to adhere to in relation to bringing spousal maintenance and/or property settlement claims.

From the date the divorce order is granted, you will have 12 months to file an application for financial orders such as a property settlement and/or spousal maintenance.

NO-FAULT DIVORCE

In Australia, our family law system provides for no-fault divorces, meaning the Court will not consider the circumstances that contributed to the breakdown of the relationship. As such, there is no need for the party making the application to show “fault” on the part of the other party.

“Fault” can be a number of things, but most commonly, it is the infidelity of one party. Even if your spouse has been unfaithful to you, it will have no bearing on the outcome of your divorce. The no-fault system attributes no blame to either party.

Under the Family Law Act 1975, the only basis for divorce is that the relationship between you and your former partner has irretrievably broken down, demonstrated by a period of separation of at least 12 months.

INTERNATIONAL DIVORCE

If you or your former partner are living overseas, you can apply for a divorce if you:

Regard Australia as your home and intend to live here for an indefinite period;
Are an Australian citizen;
Ordinarily live in Australia and have done so for at least 12 months prior to filing for divorce.

Our Sydney divorce lawyers have extensive expertise in handling international divorce cases and ensuring compliance with Australian family law.

You will still need to satisfy the eligibility criteria, that is:

Your relationship must be irretrievably broken down;
You and your former spouse or partner must have been separated and living separately for a period of at least 12 months, and
There is no reasonable prospect that you and your former partner will reconcile or resume cohabitation.

WHY CHOOSE US?

Discover why we’re ranked among the top family law firms in Sydney for divorce matters.

SPECIALIST TEAM

Our team of 12 family lawyers only practice family and divorce law, so we know what we are doing.

OUR FEES

We can offer fixed fees for specific family law services as well as payment plans and are upfront with our fee estimates.

QUICK TURNAROUND

Our extensive support team ensures each lawyer’s file load does not compromise their efficiency.

RESOLUTION FOCUSED

Our experienced lawyers will explore all options to resolve your case without court intervention if possible.

NAVIGATE YOUR DIVORCE WITH PRECISION AND CARE

No matter how simple or complex the issues are, divorce is a tough process that nobody plans to go through in their life.

If you are going through a divorce, make it easier for yourself by partnering with one of the top family law firms like Ramsden Family Law.

FREQUENTLY ASKED QUESTIONS

CAN YOU GET A DIVORCE WITHOUT A LAWYER IN AUSTRALIA?

Yes, you can get a divorce without a lawyer in Australia. Depending on your circumstances it can sometimes be straightforward, and you can apply for a divorce online through the Federal Circuit and Family Court of Australia’s website. You’ll need to complete an application form, pay the filing fee, and attend a court hearing if required.

However, most people choose to seek independent legal advice to ensure that all aspects of the divorce, including property settlements and child custody arrangements, are handled properly.

HOW DO I GET FREE LEGAL ADVICE ON DIVORCE IN AUSTRALIA?

Free legal advice on divorce can be obtained from various sources. Community legal centres and legal aid offices offer free or low-cost legal assistance to those who qualify. The Family Relationship Advice Line and the Family Court of Australia’s website also offer resources and information to help you understand the divorce process and your legal rights.

HOW MUCH DOES A DIVORCE COST IN SYDNEY?

The cost of a divorce in Sydney primarily includes the filing fee, which is $1,100 as of the current fee schedule. If you are experiencing financial hardship or hold certain government concession cards, you may be eligible for a reduced fee of $365.

Of course, the true cost of divorce will be higher when you require legal representation to prepare the application for divorce, and associated complexities like child custody and property settlements, as well as fees for specific actions like applying for consent orders.

Why Choose Us

Specialist Team

Our team of 16 family lawyers only practice family and divorce law so we know what we are doing.

Our
Fees

We can offer fixed fees for certain work, payment plans and are up front with our fee estimates.

Quick Turnaround