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Divorce

Divorce is governed by the Family Law Act 1975. Below are the key steps and requirements for filing for a divorce:

Eligibility
  • Separation Period: You and your spouse must have been separated for at least 12 months. If you and your spouse have been separated under the same roof, you must file an affidavit to prove that you were living separate lives.
  • Jurisdiction: Either you or your spouse must be an Australian citizen, a resident of Australia, or have lived in Australia for at least 12 months before applying.
Filing the Divorce Application
  • You can apply for divorce through the Federal Circuit and Family Court of Australia either individually (a sole application) or jointly with your spouse.
  • Required documents include the application form, a copy of your marriage certificate, a citizenship document if born outside of Australia, and any affidavits if additional evidence is needed (e.g., for separation under one roof).
Fees

The standard filing fee is approximately AUD $1,060. Fee reductions are available if you hold a concession card or are experiencing financial hardship.

Service of Documents

If filing a sole application, you must serve the divorce papers to your spouse. This can be done by a third party or a process server. If you cannot locate your spouse, you can apply for substituted service or a dispensation of service.

Court Hearing (if applicable)
  • If there are children under 18, you must attend a court hearing. If you apply jointly or there are no children under 18, a hearing is not necessary.
  • The court considers whether proper arrangements have been made for the care and welfare of the children.
Divorce Order

If granted, the court issues a divorce order, which becomes final one month and one day after the order is made.

Property and Parenting Matters

Divorce does not automatically settle property, financial, or parenting arrangements. After a divorce order is granted, you have 12 months to apply for property or spousal maintenance orders.

For assistance in filing your divorce application, contact Buckley Lawyers on 02 9220 1737.

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    Matthew Buckley
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    Divorce Lawyers Sydney

    If you’re going through a divorce in Sydney, Buckley Lawyers is here to provide you with professional guidance and will fight for your best possible outcome. Our team of seasoned divorce lawyers has successfully represented clients in courts across Sydney and will calmly guide you through the legal process and advocate strongly for your rights.

    Whether you’re facing a complex divorce or preparing for an upcoming court date, we’ll provide sound legal advice and strategic representation to achieve a positive result.

    What Our Divorce Lawyers in Sydney Can Help With

    Our divorce lawyers in Sydney can handle a wide range of matters, including:

    We stay up-to-date with the latest changes to the Family Law Act and make sure our clients always receive informed advice. Buckley Lawyers also supports alternative dispute resolution methods like mediation, which can help couples reach agreements without having to go to court.

    Why Choose Buckley Lawyers to Assist with Your Divorce in Sydney?

    When you choose Buckley Lawyers, you benefit from:

    • Tailored legal services tailored to your situation
    • Practical advice communicated in clear, easy-to-understand language 
    • Strong advocacy and representation in court
    • A team dedicated to resolving your matter quickly
    • Proven success in achieving positive outcomes for our clients

    We’re committed to providing exceptional service and strategic guidance throughout the divorce process. Our solicitors advocate strongly on behalf of clients, focusing on quick resolutions and the best possible results.

    Your Go-To Divorce Lawyers for Sydney Couples and Families

    Divorce can be a difficult and emotional time, but you don’t have to face it alone. At Buckley Lawyers, we’re here to provide the support, advice, and representation you need to navigate this challenging period. Our experienced team will work tirelessly to protect your interests and secure a favourable outcome.

    We understand that divorce can be stressful and emotionally challenging. That’s why Buckley Lawyers offers after hours legal advice to our clients. We also provide free initial consultations so you can discuss your case with a knowledgeable divorce lawyer without obligation. Call us on 02 9220 1737 or email matthew@buckleylawyers.com.au to arrange yours now.

    Family Law Services Available In The Following Suburbs
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