DIVORCE LAWYERS SYDNEY

To apply for a divorce in Australia, you must show that you and your spouse have been separated for at least 12 months and that there is no reasonable chance of reconciliation. Separation can still be recognised even if you continue living under the same roof after the date of separation.

For more information, contact Kells to speak with one of our experienced divorce lawyers in Sydney.

Yes, you can apply for a divorce in Australia if:

• You or your spouse regard Australia as your permanent home and intend to live here indefinitely, or
• You or your spouse have ordinarily lived in Australia for at least 12 months before filing for divorce.

If you were married overseas, you can still apply for a divorce. However, if your marriage certificate is not in English, you will need to provide a certified translation.

To file for divorce, you need to submit an Application for Divorce and a copy of your Marriage Certificate. A filing fee applies, but you may qualify for a reduced fee based on your circumstances.

If you and your spouse have lived together after separating, you may also need to file an Affidavit to provide further details to the Court.

You typically won’t need to attend court unless:

• You have children under 18, or
• You and your spouse lived together during your separation.

If you and your spouse file a joint Application for Divorce, neither of you will need to attend court.

Once your Application for Divorce is filed, the Court will assign a hearing date. If your application is approved, the divorce becomes final one month after the hearing date.

Kells can assist with preparing and filing your application and represent you in court if required.

The best type of lawyer for a divorce is a lawyer who specialises in family law and has experience in divorce cases.

Why? Because family law solicitors have a deep understanding of the legal issues surrounding divorce, such as property settlements, child custody, and spousal maintenance. They can guide you through the intricacies of divorce proceedings while making sure your rights and best interests are protected.

At Kells, our family law team specialises in divorce matters and provides practical, compassionate guidance from start to finish.

While it's not mandatory to hire a lawyer to file for divorce in Australia, the process can become quite complex, particularly when disputes arise. If both parties agree on the terms, the process can be relatively straightforward, but when children, property division, or legal uncertainty are involved, professional legal guidance becomes an absolute must to ensure that the outcomes are fair and legally sound.

Engaging a lawyer early on essentially guarantees your rights are protected and helps you navigate potential pitfalls, avoiding costly and stressful mistakes. A skilled lawyer will clarify your legal position, address complications as they arise, and guide you through every step of the process.

At Kells, our experienced divorce lawyers in Sydney are here to offer expert advice and steadfast support, ensuring your rights and interests are safeguarded during this difficult time.