If you’re getting a divorce, it’s important to have experienced legal representation on your side. Divorce in Australia involves legal paperwork, decisions about children, finances, and property, all governed by Australian law.
That’s why it’s so important to get the right legal advice early. At Coutts in Sydney, our Divorce Lawyers support local clients with clarity and care.
Our Divorce Lawyers Care About Your Next Chapter
Coutts offers expert legal representation for individuals dealing with divorce. Our dedicated team includes an Accredited Family Law Specialist who is highly experienced in handling the intricacies of Family Law cases. We understand the sensitivity and complexity of Family Law matters, and we are committed to protecting the rights and well-being of our clients with compassion and precision.
Luisa Gaetani
Partner & Accredited Family Law Specialist
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Divorce
A divorce is the legal end of a marriage and allows for either party to remarry. In Australia, we have a “no fault” divorce system, which means that the Court does not need to know why the marriage has ended. To initiate this process, you need to file for divorce. Divorce applications must be carefully prepared to meet all legal requirements.
Court documents are essential in the divorce process and must be filed with the Federal Circuit Court. These documents must be delivered to comply with court procedures, such as serving divorce-related paperwork to the other party and filing required forms with the Federal Circuit and Federal Circuit and Family Court of Australia to facilitate divorce hearings.
To be eligible to make an Application for Divorce, section 39(3) of the Family Law Act 1975 (Cth) requires one of the parties to be able to satisfy the following criteria:
- Be an Australian citizen;
- Permanently live in Australia; or
- Be an ordinarily resident in Australia or have been for one year prior to the filing of the application.
Once it is determined that one or both parties satisfy these criteria, the parties are eligible to make an application either solely or jointly. This application marks the legal termination of the marriage.
In order to grant the parties’ application for Divorce, the court must first be satisfied that the parties are legally married. This is usually proven by filing a copy of the marriage certificate with the Court. Once this is established, in accordance with Section 48 of the Family Law Act 1975 (Cth), the parties must satisfy the Court that:
- The marriage has broken down irretrievably.
- They have been separated for a period of at least 12 months;
- a) If the couple are separated but living under the same roof, they must provide evidence, by way of affidavits outlining their living arrangements;
- That there is no reasonable likelihood of the parties reconciling.
The Court sometimes has further requirements and may request further information before granting the Application for Divorce. A court hearing may be required to finalise the divorce, especially if there are children under 18. This can include:
- If you have been married for less than two years, both parties must attend counselling and obtain a counselling certificate.
- If there are children who are under 18 years old, the Court will request information as to whether consideration and arrangements have been made regarding the care of the children.
What If My Partner Does Not Want a Divorce – Can I Apply Solely?
If you wish to apply for a divorce as a sole applicant, but your ex-partner does not want to, you can apply for it solely. This does involve more steps and can be more complicated. We recommend seeking legal advice before doing this to assist in preventing any issues.
In such cases, a family member, friend, or professional process server over the age of 18 can serve the divorce papers on your ex-partner.
How Our Divorce Lawyers in Sydney Can Help You
At Coutts, we support clients at every stage of the divorce process—from filing the application to securing fair outcomes for parenting, property, and finances.
Legal Guidance Tailored to You
We take the time to understand your situation and provide advice based on your goals, whether you’re pursuing a joint application, filing on your own, or responding to one.
Property & Financial Settlements
Our team helps you understand your entitlements and obligations, including how assets, superannuation, and liabilities may be divided. We work to achieve fair outcomes—preferably without going to court.
Parenting & Custody Arrangements
If children are involved, we assist with parenting plans and custody matters to ensure the best interests of your child are protected.
Document Preparation & Court Filing
We manage the paperwork—from serving documents to preparing affidavits—so your application is complete and complies with all legal requirements.
Connected Legal Support
We can also refer you to our Wills & Estates team to help update your will and estate plan post-divorce, ensuring your legal affairs reflect your new circumstances.
What Happens to Property & Assets in a Divorce?
One of the biggest concerns when separating is: “What will I lose?” The answer depends on your unique situation, but it’s important to know that Australian family law does not assume a 50/50 split. Instead, the Family Law Act 1975 requires a four-step process to determine how property and assets should be divided. Understanding the legal process is crucial to ensure a fair and equitable division of assets.
At Coutts, we guide you through this process and help you protect what matters most.
The Court considers:
- What assets and debts does each party own
- Financial and non-financial contributions (e.g. parenting, homemaking)
- Future needs, including earning capacity and the care of children
- Whether the proposed split is just and equitable
Your superannuation, home, business interests, and investments may all be included. In many cases, property settlement is negotiated outside the court, our team works to resolve matters fairly and efficiently.
Child Custody and Parenting
Child custody and parenting arrangements are critical aspects of divorce proceedings. The Federal Circuit and Family Court of Australia prioritises the best interests of the child when making decisions about child custody and parenting arrangements. If you are applying for a divorce and have children under the age of 18, you will need to provide the court with information about the children’s living arrangements and care. The court may also consider factors such as the child’s relationship with each parent, the child’s wishes, and the ability of each parent to provide a stable and loving environment.
Parenting Arrangements and Child Support
It is essential to seek legal advice from an experienced family lawyer who can help you navigate the complex process of child custody and parenting arrangements. Managing child support is also a critical component that needs to be addressed during divorce proceedings. You can apply for a divorce jointly with your former spouse or make a sole application, and you will need to provide a marriage certificate and proof of citizenship or residency.
How We Support You Through the Divorce Process
Step 1: Initial Contact
Reach out to Coutts Lawyers via our website, phone, or in person. Briefly describe your matter.
Step 2: Consultation Appointment
Schedule and attend a meeting with a Coutts lawyer to discuss the specifics of your matter and desired outcomes.
Step 3: Information & Legal Advice
Share all related documents and information. Your lawyer will review everything, clarify aspects as needed, and then advise on the best action course.
Step 4: Action Plan Development
Based on the advice, an appropriate action plan will be formulated. This may involve communication, documentation processes, or further legal steps.
Step 5: Implementation
Execute the action plan, addressing a range of legal scenarios as necessary.
Step 6: Resolution & Closure
Navigate towards a resolution, with the path determined by the nature of the matter. Your Lawyer will outline any final actions or considerations.
Book Your Divorce Consultation Now
Introducing Luisa
Your Compassionate Lawyer
Meet Luisa, a Partner at Coutts Lawyers & Conveyancers, and an Accredited Family Law specialist. Luisa is the head of our esteemed Family Law team. Boasting over a decade of expertise, Luisa blends sensitivity with practicality, forging deep connections and trust with her clients. Her reputation as a foremost authority in Family and Criminal law is well-deserved.
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Divorce FAQs
In Australia, a divorce is the legal dissolution of a marriage, requiring proof of marriage breakdown and at least 12 months of separation.
After filing for an application for divorce, there is a mandatory waiting period of one month and one day. The Divorce Order will be issued relatively quickly after this period, provided there are no complications or disputes. A divorce hearing is a formal step where the court reviews the divorce application, and while it is mandatory for most cases, those who file jointly without children under 18 may be exempt from having to attend court. However, if there are disagreements over things like property division, child custody, or spousal support, the process can take much longer, sometimes several months to a few years, depending on the complexity of the issues and the level of conflict between the parties.
To apply for a divorce, the court must be satisfied that the marriage has broken down irretrievably, the parties have been separated for at least 12 months, and there is no likelihood of reconciliation, meeting the legal requirements for divorce in Australia. Additional requirements apply for marriages under two years and for couples with children under 18 years. If you were married overseas, you must provide a valid marriage certificate and its translation if necessary. There is also the option of filing a joint application, which allows both parties to sign together, simplifying the process by eliminating the need for personal service of documents and reducing attendance requirements at court hearings.
If couples are separated but living under one roof, they must provide affidavits outlining their living arrangements as evidence of separation. The court may request further information and have additional requirements, particularly when children are involved, to ensure all considerations and arrangements have been made for their care.
Coutts assists clients at every stage of the divorce process, from legal planning to asset restructuring, and refers clients to the Wills & Estates Department for will restructuring. Their team of Family Lawyers provides expert knowledge, advice, and extensive information on legal rights when filing for divorce.
The cost of a divorce can vary depending on whether the matter is straightforward or involves more complex issues like property division or parenting disputes.
Here’s a general breakdown:
- Filing fee for a divorce application: $1,060 (or reduced to $350 if eligible for concession)
- Legal fees: Coutts offers fixed-fee consultations and tailored quotes based on your needs. For amicable divorces, legal costs are often minimal. More complex matters (e.g. property or parenting disputes) may require additional work and cost.
- Serving documents: If you’re making a sole application, you may also need to pay for process serving (~$100–$300).
We’ll always be upfront about costs and work with you to find a cost-effective path forward. In some cases, legal aid may be available, we can discuss this with you in your initial consultation.
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