Divorce Lawyers in Northern and Western Sydney
Looking for clear advice from divorce lawyers in Sydney? Surge Legal assists clients across Northern and Western Sydney with divorce applications and related family law issues. We can help you understand eligibility requirements, separation under one roof, overseas marriage certificates, service difficulties and the effect of divorce on parenting and property matters.
Divorce Requirements in Australia
Australia has a no-fault divorce system. The Court does not consider who caused the marriage to end. The only ground for divorce is that the marriage has broken down irretrievably and there is no reasonable likelihood that the parties will resume married life.
To apply for divorce in Australia, you or your spouse must meet the jurisdiction requirement and you must have been separated for at least 12 months and one day.
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You or your spouse must be an Australian citizen; regard Australia as your home and intend to live here indefinitely; or ordinarily live in Australia and have done so for at least 12 months immediately before filing. See Section 39(3) of the Family Law Act 1975.
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You must have been separated from your spouse for at least 12 months and one day before filing. You can be separated while living in the same home. This is known as separation under one roof and usually requires additional affidavit evidence. See Section 48(2) and 48(3) of the Family Law Act 1975.
A divorce application may require additional evidence or procedural steps if:
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your spouse lives overseas or cannot be located;
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you cannot obtain your marriage certificate;
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you have been married for less than two years;
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you were separated while living under one roof; or
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there is a dispute about the date of separation.
Help with Complex Divorce Applications
Surge Legal assists with straightforward and complex divorce applications in Sydney, including matters involving overseas spouses, missing marriage certificates, disputed separation dates and separation under one roof.
If a marriage certificate is not in English, we can assist with arranging a translation by a NAATI-certified translator and the supporting affidavit required by the Court. If a certificate cannot be obtained, further evidence may be needed to establish the marriage and explain why formal proof is unavailable.
If you cannot locate your spouse, you may need to apply for substituted service or dispensation of service. Our divorce lawyers can explain the searches and evidence required and assist with preparing the application.
For advice about a divorce application, contact Surge Legal on 02 8551 7851 for free initial legal advice about your matter.
Mandarin and Russian-Speaking Divorce Lawyers
Surge Legal has Mandarin and Russian-speaking lawyers and regularly provides divorce and family law consultations in both languages. Clients can discuss the divorce process, required documents and related parenting or property matters in Mandarin or Russian.
A divorce order is usually final one month and one day after the hearing. Divorce itself does not decide parenting, property or maintenance matters. Once a divorce is final, you generally have 12 months to apply for financial or property orders. If you are concerned about how divorce may affect your family law property matter, contact our office for free initial legal advice.