Separation Lawyers Sydney
Separation Law Experts: Support with Family, Finances & Parenting CONTACT USContemplating separation or divorce?
We’re Here to Help You Navigate the Path Forward
Separation or divorce can be an emotional and uncertain time. At LEDA Lawyers, our experienced Separation Lawyers in Sydney provide clear, compassionate and practical legal guidance. We help you understand your rights, consider your options and make informed decisions about your future.
You’re Not Alone. We Can Help.
When you are considering separation, you may have questions about:
- What are my rights and obligations?
- How will separation affect my children?
- What happens to our shared assets and debts?
- How long will the process take?
- What costs are involved?
Our Sydney family law team understands the uncertainty that can come with separation. We take the time to listen to your circumstances, explain your options and help you work towards a practical resolution. Where appropriate, we can assist with negotiation or mediation. If an agreement cannot be reached, we can also represent you in court proceedings.
Whether you are considering separation, have recently separated or are ready to take the next step, our Separation Lawyers in Sydney can provide the legal support and guidance you need throughout the process.
Understanding Your Options
In Australia, the law recognises “no-fault” divorce. This means the only ground for divorce is the irretrievable breakdown of the marriage, which is generally established by 12 months of separation.
Getting a divorce is only one part of family law. You can apply for a divorce on its own, at the same time as addressing other family law matters, or after dealing with matters that may require more immediate attention, such as parenting arrangements, property settlement and/or spousal maintenance. You do not need to wait until you are divorced to resolve these matters.
Our services cover all aspects of family law related to separation and divorce, including:
- Property Settlements: Dividing assets and liabilities, including real estate, superannuation, businesses and investments.
- Parenting Arrangements: Developing clear and practical arrangements for the care, welfare and development of children, with their best interests as the priority.
- Spousal Maintenance: Addressing financial support for a former spouse who cannot adequately support themselves after separation.
- De Facto Relationships: Providing legal advice and representation when a de facto relationship breaks down. De facto relationships are subject to the family law framework in many of the same ways as marriages.
- Divorce Applications: Guiding you through the formal process of applying for a divorce order.
- Consent Orders: Formalising agreements reached between parties to provide legal certainty and finality.
- Binding Financial Agreements: Setting out how property and financial matters will be dealt with and providing greater certainty about financial arrangements.
- Mediation & Alternative Dispute Resolution: Exploring practical and cost-effective ways to resolve disputes without going to court.
How Our Sydney Separation Lawyers Can Help
Our Approach: Compassionate Guidance, Strategic Solutions
At LEDA Lawyers we believe in a client-centred approach. This means:
- Bespoke Service: We take the time to understand your unique circumstances, concerns, and goals.
- Clear Communication: We explain complex legal concepts in plain language, ensuring you understand every step of the process.
- Strategic Advice: We develop tailored strategies designed to achieve your desired outcomes efficiently and effectively.
- Supportive Environment: We provide a safe and confidential space for you to discuss your sensitive matters.
- Cost-Effective Solutions: We are transparent about our fees and strive to resolve matters as efficiently as possible to minimise your costs.
Speak With Our Separation Lawyers
If you are considering separation or divorce, our experienced family lawyers can help you understand your rights and options. Contact LEDA Lawyers for clear, practical advice tailored to your circumstances.
Call us on 02 8528 7590 or fill out our online inquiry form to schedule your consultation. Our office is conveniently located in Burwood, NSW.
Let us help you move forward with confidence.
Which situation describes you best?
Separation & Divorce FAQs
Do I need to have a reason before I am able to divorce?
No. The only legal requirement is that the marriage broke down and there is no reasonable chance that you and your former partner will resume your relationship as a married couple.
Does my former partner need to agree before I can get a divorce?
No, your former partner does not need to agree to the divorce.
How does getting a divorce affect things like child custody and property division?
Child custody / parenting arrangements, property division, spousal maintenance and child support are all considered separate issues under family law and may be finalised either before or after the divorce is granted. If you obtain a divorce first, however, time limits will commence i.e. you will only have 12 months to apply to the court for property division and spousal maintenance. There is no time limit if you deal with the issues of property division and spousal maintenance before you finalise a divorce.
What is the divorce process in Australia?
Divorce in Australia involves applying to the Federal Circuit and Family Court of Australia (FCFCOA). The granting of a divorce is legal recognition that a marriage has ended. This is a separate and distinct process to dividing assets between the separating parties (property division) or deciding on parenting arrangements for children (child custody / parenting matters).
The divorce process involves filing an application for divorce with the FCFCOA, paying the Court filing fee, and notifying the other spouse of the divorce application through a process called ‘service’. A hearing date and time will be set by the Court, usually two to three months after the divorce application was filed. You are generally not required to attend the court hearing with your lawyer, unless you have a child under 18. If the court is satisfied that the requirements for a divorce order have been met, the court will then issue a divorce certificate one month and one day after the hearing.
A family lawyer can take care of this process for you from start to finish, and deal with special circumstances such as where you are separated under one roof, have had a change of name since marriage, or further information is required by the court.