Divorce Lawyers in the Hills District and Sydney
Ending a marriage can be a significant life transition. If you are considering divorce, Arnold Hills will guide you through the process, assist with preparing and filing your divorce application, and provide advice on related family law matters, including parenting arrangements and property settlements.
In Australia, divorce is the legal process of formally ending a marriage under the Family Law Act 1975 (Cth). Either party, or both parties jointly, may apply to the Federal Circuit and Family Court of Australia for a divorce after being separated for at least 12 months and one day, provided the relevant legal requirements are met.
At Arnold Hills Lawyers, we provide practical advice tailored to your needs, whether you require guidance on a particular aspect of the divorce process or assistance preparing and filing your application with the Federal Circuit and Family Court of Australia. We also advise on related family law matters, including parenting arrangements and property settlements.
You can tailor our involvement in your divorce application process and control how much assistance you need from our team. We assist with:
- Advice on divorce requirements, eligibility and the application process
- Preparation, review and filing of divorce applications and supporting documents
- Assistance with sole and joint divorce applications
- Advice on related parenting arrangements, property settlements and financial matters
Contact us for your free 15-minute initial consultation to get a quote.
Contact UsApplying for divorce in Australia
You can apply for a divorce individually (a sole application) or together with your spouse (a joint application). A joint application is generally more straightforward, as there is no requirement to formally serve the divorce application on the other party.
A divorce is separate from parenting arrangements, property settlements and spousal maintenance. You do not need to wait until you are divorced to resolve these matters, and obtaining a divorce does not automatically resolve them. However, certain time limits apply.
Speak with Arnold Hills, divorce lawyers in the Hills District and Sydney
If you are separated and considering divorce, Arnold Hills can assist you with preparing and filing your divorce application. We will advise you on the legal requirements and process for obtaining a divorce and help you understand any consequences your divorce may have for your overall family law matter, including property settlement, parenting arrangements and spousal maintenance.
We can also help where your divorce involves separation under one roof, difficulties serving your spouse, an overseas marriage or spouse, or other circumstances requiring additional evidence or procedural steps.
Contact Arnold Hills today to arrange a confidential consultation with our experienced divorce lawyers serving clients throughout the Hills District, including Castle Hill, Norwest, Rouse Hill and across Sydney.
Contact UsFrequently Asked Questions
How long do you need to be separated before applying for divorce in Australia?
You must have been separated from your spouse for at least 12 months and one day before you can apply for divorce. You may still be considered separated during this period even if you continue to live in the same home, although additional evidence will generally be required.
Can I apply for divorce if my spouse does not agree?
Yes. Your spouse does not need to agree to the divorce for you to make a sole application. However, you must satisfy the legal requirements for obtaining a divorce and comply with the requirements for serving the application on your spouse.
Can I get divorced if we are still living in the same house?
Yes. Separation can occur while spouses continue to live under the same roof. If you have lived together during any part of the relevant separation period, additional evidence will generally be required to establish that you were separated despite living at the same address.
Does getting divorced automatically divide our property?
No. Divorce and property settlement are separate legal processes. A divorce order does not determine how your property, liabilities or superannuation will be divided. You can deal with property matters before obtaining a divorce, but once a divorce order takes effect a 12-month limitation period will generally apply to commencing property settlement proceedings. It is prudent to obtain legal advice.
Do parenting arrangements need to be finalised before divorce?
No. You do not need to have final parenting orders before obtaining a divorce. However, if there are children of the marriage under 18, the court will require information about their current arrangements and must consider whether proper arrangements have been made for their care.
