A relationship breakdown is always a time of change. You might be feeling overwhelmed and uncertain, or relieved and anxious. You may be struggling to understand the process for ending your marriage, untangling shared finances in a de facto relationship or protecting your children – all while trying to manage your daily life.
At times like this clear guidance and practical advice from a trusted professional make all the difference.
At Watts McCray our divorce lawyers in Sydney are accredited specialists in family law and combine deep legal expertise with genuine care and empathy for every one of our clients. We’re proud to have helped thousands of clients across Sydney and wider NSW to finalise their divorce, reach fair property settlements and create workable parenting arrangements – and we can help you too. Together you’ll feel prepared to move forward with confidence that you’ll achieve the best outcomes for you and your family.
Divorce and separation – what you need to know
When it comes to the divorce process, Australia has a no-fault system. This means that a marriage can be ended when the marriage has broken down irretrievably with no possibility of a reconciliation, with no other reasons needed.
To apply for a divorce in Sydney, you must be separated for at least 12 months and one of the partners need to be a resident or permanent citizen here in Australia. You are able to be granted a divorce decree one year and one month after your separation.
This doesn’t settle any property or custody matters, however, which will be a separate process. But our expert family lawyers can help you through the process.
Here’s what to expect:
Divorce process
- Final separation date. Before filing, you and your spouse must be separated at least 12 months. This can include living separately under the same roof.
- Filing your application. We can help you complete and lodge your divorce application with the court.
- Service of documents. If filing a sole application for divorce, you’ll need to serve the documents on your spouse. We can arrange this for you and ensure it meets all legal requirements.
- Court hearing. If you’ve filed a sole application and have children under 18, you may need to attend the court hearing in person. If not, and your matter is straight forward and uncontested, you may not need to attend.
- Divorce order granted. If the court is satisfied that the requirements are met, a divorce order is issued and becomes final one month and one day later. You are then legally permitted to remarry.
What else needs to be resolved?
Divorce is just one part of separation, and a divorce order only ends the marriage. It doesn’t decide any issues around children, money or assets. So, you’ll also need advice and guidance on custody or parenting arrangements, property settlement and maybe even spousal maintenance.
Child custody or parenting arrangements
Our team can help you create practical, child-focused parenting plans that represent your child’s best interests and work well for you and your family.
Property settlement
We can help you divide assets and debts and even draft splitting agreements for superannuation fairly, based on your contributions (financial and non-financial) and future needs. If you need to go to court for help with this process, we can represent you and help you have a smooth court process.
Spousal maintenance
In some cases, one party may be entitled to financial support from the other. This depends again on contributions to the marriage (financial and non-financial) as well as future needs. We’ll help you understand your rights and obligations and help you manage the process too.
International issues
If you or your ex are residents or citizens of another country, or have assets overseas, this can add some complexity to your property settlement. We can help you navigate those jurisdictional complexities.
Why choose Watts McCray?
We’re proud to be considered one of the best family law firms in Sydney and the wider New South Wales area. As local Sydney lawyers, we’ve worked with thousands of locals, and it’s our experience and empathy that makes the real difference for our clients.
Where you’ll find us in Sydney
Our office sits in the heart of the Sydney CBD, just a one-minute walk from Town Hall Station, a five-minute walk from Museum Station and close to major bus routes on Elizabeth and Liverpool Streets. There are also secure parking stations nearby.
Watts McCray Family Lawyers Sydney
Level 7, Suite 702
570 George Street, Sydney NSW 2000
Contact details
Phone: 1300 516 443
Watts McCray Sydney Divorce and Separation Process
Taking the first step toward divorce can feel overwhelming – but we’re here to walk the path with you with compassion and empathy. At Watts McCray Sydney, our divorce lawyers will make the process smooth and straightforward, and tailored to your situation.
Here’s how it works:
Step 1. Book your initial consultation
During this confidential meeting we get to know you and your unique family situation. We’ll listen to your circumstances, help you understand your legal rights and responsibilities and outline the divorce process, including timelines and expected costs. We can also help guide you through any immediate concerns, such as custody issues and financial concerns.
It’s helpful to bring as much relevant information as possible to this initial meeting, such as:
- Your date of separation
- A copy of your marriage certificate
- Details about your children, property and financial matters
- Notes about prior legal steps or legal agreements (if any)
Step 2. File your application
Divorce applications must be filed with the Federal Circuit and Family Court of Australia (FCFCOA). This can be done online or in person. If you’re not confident doing it yourself – or if your situation is complex (for example, if you’re separated under one roof or have children under the age of 18) – we can handle the process for you and make sure everything is submitted correctly.
Step 3. Manage the ongoing process
Every divorce and separation is different, but our team will help advise you on and manage the process going forward. Whether you need negotiation or representation in court, we’ll be by your side and will help you achieve the best outcomes for your family and situation.
Contact our Specialist Family Law Team
You can contact our divorce lawyers to assist you with the divorce process.
FAQs
If you and your former spouse agree to the divorce and have both signed and properly executed a joint divorce application, you will not need to attend court in Sydney to file. If you have children under the age of 18, you will also need to have your parenting arrangements finalised.
Of course, if there are issues with your divorce application, difficulty with service or only one party has filed a sole application, then you will likely need to attend court. Our expert family lawyers can attend with you, representing you in the matter and helping ease the process.
In Australia, we have a no fault divorce system, so it doesn’t matter who files first. Sometimes there can be an advantage to seeing what your former partner seeks in their application with respect to property and parenting matters so you can better respond to it. We can help you determine the best way forward when it comes to filing.
If you want a divorce, but your partner doesn’t, you can file for divorce regardless. If your former spouse won’t agree to a divorce, you will need to prepare and file a sole divorce application.
Once your application is filed and a hearing date is set, the court typically grants a divorce on that date (assuming there are no issues). Your divorce then becomes final one month and one day after the hearing. At this point, you’re legally divorced.
The full process can take around six months, and sometimes even longer, depending on whether the matter is amicable or contested, the application is complete and court availability.
Definitely not. You must wait until your divorce order is finalised before remarrying.
Yes, you can oppose a divorce, but only in limited circumstances. For example, you can dispute the date that you were separated, or whether you were actually separated when living under one roof. However, you cannot dispute a divorce application for emotional or moral reasons.
The terms ‘divorce lawyer’, ‘divorce solicitor’ and ‘family lawyer’ are often used interchangeably and do mean the same thing. Each is a specialist lawyer with expertise in divorce who can help you with separation, divorce, parenting and property matters.
However, an accredited specialist in family law is slightly different. Though they can do the same work, this phrase means that the lawyer has undergone additional training and assessment by the Law Society of NSW to be recognised as experts.
A dissolution of marriage is another term for divorce, and both simply mean the legal end of a marriage. In Australia, however, we typically just refer to this as a divorce. It is important to remember, however, that your divorce won’t cover other issues like parenting arrangements or property settlements. You’ll still need to resolve those separately.
The application for divorce is an online form that is available via the Commonwealth Courts Portal. The FCFCOA provides step-by-step information on how to apply for divorce. Alternatively, if you’d like us to assist you with the process, get in touch. We can prepare and lodge the application on your behalf.
A divorce ends a legally valid marriage. But a marriage annulment essentially says that the marriage was never legally valid in the first place.
In Australia, annulments are rare. They’re only granted in specific circumstances. These could include one party already being married, the marriage being made due to duress or fraud or the ceremony not meeting legal requirements.
If you think your marriage might not be valid, our divorce lawyers in Sydney can advise whether annulment might be an option.
Contact our Specialist Family Law Team
Do you have a question about family law or relationship law?
Contact us today, and a member of our team will get back to you soon.
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