Divorce and Separation Lawyers in Hornsby and the Upper North Shore
Divorce and separation are some of the most challenging experiences a person can go through. At Sapphire Legal, we understand how stressful and complicated this time can be, especially when children are involved.
Our compassionate divorce and separation lawyers are here to provide clear guidance, helping you navigate the legal process with confidence and peace of mind.
Whether you’re just beginning to consider separation or are ready to file for divorce, we’re here to support you every step of the way.
How We Help You Through Divorce and Separation
Navigating the Legal Process with Confidence
The process of divorce or separation can feel overwhelming, but you don’t have to face it alone.
At Sapphire Legal, we’re here to support you, whether you’re thinking about separating or are ready to file for divorce. From the very start, we provide clear, compassionate advice, helping you understand the legal requirements and ensuring you make informed decisions at every stage.
Why Choose Sapphire Legal As Your Divorce Family Lawyer?
With Sapphire Legal, you can trust that your case will be handled with the utmost care and dedication, by a team that’s committed to achieving the best possible outcome for you and your family.
Understanding the Divorce Process in Australia
In Australia, marriages are governed by the Marriage Act 1961, which was amended in 2017 to allow for marriage between same-sex partners. Under Australian Law, you do not need to prove fault, only that the relationship is “irreconcilable”. This can be pursued through either a Joint Application (where both parties agree) or a Sole Application (if only one party wishes to proceed).
Joint and Sole Divorce Applications
Whether you and your ex-partner agree to apply together or you need to proceed on your own, we provide guidance to ensure the process is as smooth and efficient as possible. We’ll handle the paperwork and ensure you understand each step, so you feel supported from start to finish.
Serving the Divorce Application
If you’re filing a Sole Application, it’s essential to serve the Divorce Application correctly. At Sapphire Legal, we take care of this process for you, ensuring the application is served properly to avoid any unnecessary delays. If you intend to apply on your own (without a lawyer), you will need to serve the Divorce Application on your ex-partner.<?p>
We understand that divorce often involves complex decisions about children, property, and finances. These matters can be emotionally and financially complex, but Sapphire Legal is here to ensure you feel supported, informed, and empowered throughout the process.
If there are children under the age of 18 years, the court will only grant a divorce if proper arrangements have been made for the welfare of those children.
This does not mean that you must have a formal agreement in place, however, evidence must be provided that advises the court on the current living and well-being of the children.
Although you don’t need to finalise child custody, property, or spousal maintenance arrangements before applying for divorce, these matters often come into play during the process.
Children and Parenting Arrangements: We help you demonstrate that suitable arrangements are in place for your children, with a focus on creating stability and support during this transitional time. Learn More About Children and Divorce.
Property Settlements: While you have up to 12 months after your divorce order is granted to settle property matters, we provide guidance to help you make informed decisions that protect your financial future. Learn More About Property Settlements.
Spousal Maintenance: If spousal maintenance is applicable, we’ll work with you to establish fair arrangements that support both parties’ needs. Learn More About Spousal Maintenance.
Supporting Families in Hornsby, the Upper North Shore and Surrounding Suburbs
Contact Us Today for Guidance Through Divorce and Separation
Frequently Asked Questions
The current filing fee for a divorce application is $990. This fee increases on 1 July each year. You may be entitled to a reduced fee if you hold a Centrelink Healthcare or Pension Card.
Additional costs will be incurred should you engage a solicitor to prepare your divorce application and if you use a process server to serve your divorce papers.
You must be separated for at least 12 months before you can apply for a divorce. The actual grounds for granting a divorce is irretrievable breakdown of marriage which is evidenced by the fact that you have been living separately and apart for a continuous period of 12 months immediately before filing your divorce application.
The word “separation” does not mean physical separation, but simply the effective breakdown of the matrimonial relationship. If you are still living with your partner under the same roof, you will need to provide evidence that you have been separated. This is typically done by affidavit from the applicant and corroborating witness(es).
If you have been married for less than two years, you will not be able to file for divorce without leave of the court, unless a certificate from an approved family counsellor is filed at the same time. This certificate will need to state that that the parties have considered reconciliation and it must be signed by that counsellor. If the court is satisfied that there exists special circumstances that would justify the non-provision of a certificate, it may grant leave for the divorce application to be filed (or if it has been filed, declare that it is so satisfied).
Both you and your spouse are equally entitled to live in the marital home during separation – ownership of the property is not relevant. Anyone can also leave the marital home during separation, but no one can be forced to. This means that in the absence of a court order, you cannot make your spouse leave and then change the locks. If you hold genuine fears for your safety and have nowhere to go to, you should contact the police who may apply for an Apprehended Domestic Violence Order. Alternatively, upon the commencement of court proceedings, you can apply for an interim order for sole occupation of the home. In the event that you or your ex move out and are required to pay rent, the additional rental costs incurred may be taken into consideration when it comes to a future division of the property pool – especially where that party is still being required to contribute to the mortgage and other house expenses.
Once your divorce application has been filed, a court date will be set down in which your divorce application will be heard. If your application is a sole application and you have children under the age of 18 years, you will be required to attend. This is usually done by way of telephone. Provided you have filed all the necessary paperwork, including evidence of personal service of the divorce application on the other party, your divorce application will be granted.
A divorce order takes effect one month after it is made. A copy of your Divorce Order will be made available on the Court Portal at that time.
To file your divorce application, you will be required to register on the Commonwealth Courts Portal. Using the interactive online form in the Commonwealth Courts Portal, you can file and upload your application electronically. There is no need to visit or queue at registries.
If your divorce is less than straightforward i.e. it is likely to be contested, you have been separated but living under the same roof or there are issues regarding service (i.e. you do not know the whereabouts of your former spouse), you should consider engaging a solicitor to draft and file your documents as they will be able to prepare the additional evidence and forms required for your divorce application
Throughout Australia (except WA unless the Will was made after 9 February 2008), divorce revokes a gift of property or appointment of trusteeship made in a Will in favour of a spouse – unless your Will states that it was made in contemplation of divorce. In Tasmania, the entire Will is revoked (in the absence of a contrary intention). If you had appointed your spouse as the Executor of your will or gifted your entire estate to your former spouse, you will be required to prepare a new will. Should you fail to do this, it may mean that in the event that you died, you may no longer have a valid will and the laws of intestacy will apply.
There is a time limit of 12 months after a divorce order has taken effect for filing applications for property and spousal maintenance, except by leave of the court or consent of the parties.
Most property proceedings result in a division of 55 to 65% in favour of the economically weaker spouse, historically the wife, before payment of legal fees. Nevertheless, the outcome of your property settlement will depend upon your particular circumstances which will take into account both financial and non-financial contributions of each party and their future needs including but not limited to a person’s care responsibilities and their need to re-skill.
