Divorce Lawyers Sydney
A divorce in Australia is the legal end of a marriage. The only ground is that the marriage has broken down irretrievably, which is established if you and your spouse have separated and lived separately and apart for a continuous period of at least 12 months immediately before the application is filed, and there is no reasonable likelihood of you getting back together (Family Law Act 1975 (Cth) s 48). Applications are filed with the Federal Circuit and Family Court of Australia.
Reviewed by Sam Saadat, Principal Lawyer, Invictus Legal. Last reviewed: 12 October 2026.
When you need the best divorce lawyers Sydney has to offer, you need a team that protects your rights from the start. Our divorce lawyers in Sydney help you through the application itself and the issues that usually sit alongside it: dividing property and superannuation, and making arrangements for your children. A divorce order on its own does not deal with property or parenting, so getting advice early helps you protect your position and avoid missing important time limits.
How do I start the divorce process in Sydney?
You can apply on your own (a sole application) or together with your spouse (a joint application) (Family Law Act 1975 (Cth) s 44(1A)). The application is filed online with the Federal Circuit and Family Court of Australia. For a sole application, the other party must be served with the application.
You can be separated even if you have continued to live in the same home (Family Law Act 1975 (Cth) s 49(2)). If you were separated under one roof, the court will usually need extra evidence, such as affidavits, to show that the marriage ended on the date you say it did.
Whether you need to attend the hearing depends on your circumstances. If you file a sole application and there is a child of the marriage under 18, you will need to attend. If you file a joint application, you generally do not need to attend unless there are complex issues, such as separation under one roof (Legal Aid NSW guidance). If there are children under 18, the divorce will not take effect until the court is satisfied that proper arrangements have been made for their care, welfare and development (Family Law Act 1975 (Cth) s 55A).
For more detail, see our divorce page.
What do top family lawyers in Sydney do in a divorce?
Our family lawyers focus on the practical and legal issues that follow a separation:
Property settlement: identifying and valuing the asset pool, including real estate, businesses, investments and superannuation, and negotiating a fair division.
Parenting arrangements: where the children live, the time they spend with each parent, and how decisions about them are made. The best interests of the child are the paramount consideration, and since 6 May 2024 there is no presumption of equal shared parental responsibility.
Spousal maintenance: financial support where one party cannot adequately support themselves and the other is reasonably able to pay.
Mediation and family dispute resolution: resolving disputes without going to court where it is safe and appropriate to do so.
Agreements about property can be formalised by consent orders made by the court or by a financial agreement under Part VIIIA of the Family Law Act 1975 (Cth), often called a binding financial agreement. Each option has different requirements, and we will explain which suits your situation.
Are there time limits after a divorce?
Yes. Once a divorce order takes effect, proceedings for property settlement or spousal maintenance must generally be started within 12 months. After that, you need the court's leave or the consent of your former spouse (Family Law Act 1975 (Cth) s 44(3)). A divorce order normally takes effect one month after it is made (Family Law Act 1975 (Cth) s 55(1)). If you have not finalised your property arrangements, speak to a lawyer before the divorce takes effect.
How much does a divorce lawyer in Sydney cost?
Fees for family law matters are determined by the scope of work involved, and we issue a costs agreement before we commence any work, so you have full transparency from the start. The court's filing fee for a divorce application is payable separately.
We offer a free 15-minute Express Consultation and a free 30-minute Initial Consultation, in person at our Marrickville office or by video.
Why choose expert divorce solicitors in Sydney?
Choosing the right divorce solicitor in Sydney is one of the most important steps in securing your future after a marriage breakdown. Separation is stressful, and you need advice that is clear, practical and honest about your options. Our principal solicitor, Sam Saadat, and our team give you a straightforward assessment of your position, keep you informed at every step, and work to resolve matters by agreement where that is in your interests. When agreement is not possible, we prepare your case thoroughly for court.
Read more on our Family Law page, or visit our blog for articles on separation, property and parenting. Call our office on 02 8553 0500 or book online. For urgent matters, such as an arrest, a bail application or urgent injunctive relief, call our 24/7 urgent line on 0410 600 230.
This page is general information only and is not legal advice. Contact Invictus Legal to discuss your situation.
Frequently asked questions
What are the legal grounds for divorce in Australia?
The only ground is that the marriage has broken down irretrievably. This is established if you have separated and lived separately and apart for a continuous period of at least 12 months immediately before filing, and there is no reasonable likelihood of you resuming your relationship (Family Law Act 1975 (Cth) s 48).
What is the difference between separation and divorce?
Separation is when you stop living together as a couple, which can happen even if you stay in the same home. Divorce is the court order that legally ends the marriage. You must have been separated for at least 12 months before you can apply for a divorce.
When does a divorce become final?
A divorce order normally takes effect one month after it is made. If there are children of the marriage under 18, it does not take effect until the court is satisfied that proper arrangements have been made for them (Family Law Act 1975 (Cth) ss 55, 55A).
Do I need to attend court for a divorce hearing?
If you file a sole application and there is a child of the marriage under 18, you need to attend the hearing. If you file a joint application, you generally do not need to attend unless there are complex issues, such as separation under one roof.
Is property settlement automatically included in a divorce?
No. Property settlement is a separate process. You can formalise an agreement by consent orders or a financial agreement. Court proceedings for property settlement must generally be started within 12 months after the divorce takes effect, unless the court grants leave or your former spouse consents (Family Law Act 1975 (Cth) s 44(3)).