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Are you eligible?
To be eligible for divorce in Australia
you must be able to answer
YES to at least one
of the these criteria:
You were born in Australia
You are an Australian citizen
You live in Australia
Contact us for any clarification on these criteria.
The divorce process
Divorce is challenging, involving crucial decisions at a difficult time. You need a lawyer who is both empathetic and reliable – someone who understands your situation and communicates effectively at every step.
The steps our family lawyers take from initial contact to finalising a divorce settlement generally involve several phases. These include:
1. Separation
You must have been separated for more than 12 months and 1 day.
2. Application
Fill application for divorce as either a Sole Application or Joint Application (you and the other party can apply together for divorce.)
3. Served
If you are applying as a Sole Application, application is served to your ex partner, known as “the respondent.”
4. Application Submitted
We submit your application on your behalf.
5. Court
All hearings are electronic. You can choose to attend with your Solicitor or they can do it on your behalf.
6. Divorce
The divorce will be finalised 1 month and 1 day later. Once the divorce is granted we will send you a copy of the final divorce order.
What about property settlement?
While divorce and property settlement are all generally considered inextricably linked, they are two separate legal processes. As soon as you and your partner separate, you can begin discussing the division of assets. To learn more, visit our property settlement page.
Download your FREE GUIDE to separation and divorce.
Read our reviews
★ ★ ★ ★ ★ | 5.0 Star Family Law Services in Sydney and Wagga Wagga
★ ★ ★ ★ ★
Mary
★ ★ ★ ★ ★
My experience with Orman solicitors has been truly amazing with there professional team of experts. I could not be happier with the outcome off my family law settlement and would highly recommend Orman solicitors for all your legal matters.
Angela Williams
★ ★ ★ ★ ★
Great, knowledgeable and supportive staff, they were efficient in getting me a great result. The communication was clear and consistent, when I had queries, they were addressed promptly. Could not recommend more.
Lindsay Wilson
★ ★ ★ ★ ★
I’d like to share, my upmost Respect to Ormans Solicitors team members, they had my back, got me through the most difficult times, I was so overwhelmed worrying about everything, would all sort out. I would recommend them out there, they certainly give you the support, comforting, that its all going to be ok. Maggie, and the team are just Amazing. I’d like to Thank, each and every one of them for helping through, with there dedication and outcome certainly was of comfort, Good ending. I was so Happy, I chosen Ormans Solicitors. You are All a Great Team. I will Always be Grateful. Thank you to All of You.
Rose Valenzisi
★ ★ ★ ★ ★
“I cannot thank Maggie and her team enough for the flawless way they handled my matter. I felt that Maggie was always completely invested in my matter and everything from the beautiful office to the team’s amazing service made me feel like family. Their commitment to my matter never ceased to amaze me. I would not hesitate to recommend Orman Solicitors.”
Lisa
★ ★ ★ ★ ★
When I first approached Maggie I was financially destitute and frightened, my settlement was not going well, I had been dropped by another solicitor because they felt that my case was to difficult and time consuming. Maggie helped me to feel at ease she assured me that I everything would be okay and then she and her staff went to work. She helped me to stay strong when I was ready to give up and just take anything to make the whole mess go away and fought for me to get an amount that was acceptable. I highly recommend Maggie and her team they truly do go above and beyond the call to ensure that their clients get the absolute best result possible.
Shimmer Pender
★ ★ ★ ★ ★
Maggie has been my solicitor for a number of years – in all that time, I have found her to be professional, hardworking, honest and respectful. She has shown compassion, empathy and helped my family through the toughest times when we needed it most. I have recommended her to friends and relatives, who have also then gone on to recommend her and her firm.
Helen Gordan
★ ★ ★ ★ ★
Empathy, dedication and passion are three words I would use to describe Maggie Orman and her team. Maggie has been my family lawyer for over 10 years and has guided me through many difficult periods of my life, and ensured I came out the other end a stronger woman and mother. Maggie is rational, compassionate and highly ethical. I felt that she truly cared about me, my family and our wellbeing. Maggie’s skilful advice and counsel achieved an incredibly quick resolution, and kept costs to a minimum. I will continue to use Maggie Orman Solicitors for all my family law requirements and highly recommend her to anyone requiring a family lawyer.
Joan Rached
★ ★ ★ ★ ★
The Barnett family are very thankful to Maggie and the whole team for doing all the groundwork to get our case a great result. We are very happy with their help and wish to give them credit for their hard work to get our matter up and going.
The Barnett Family
DIVORCE CASE STUDY
Background
Our client contacted us to organise and file the divorce paperwork from his marriage of 3 years. Since the separation, our client had lost contact with their ex-spouse and was unaware of their current address. However, they were able to name the ex-spouses’ place of employment.
How we helped
Our team worked efficiently to gather the necessary documentation for the divorce application. As this was a sole application, we needed to serve the divorce application to the ex-spouse. We engaged a process server to assist with this.
The process server attempted service at the ex-spouse’s last known place of employment, but the individual had since moved on. We were able to locate a home address and made several attempts to serve the documents at this new location. In addition, we served the divorce application via email, ensuring all reasonable attempts were made to effect service.
The final step was to draft an affidavit in support of the initiating application seeking an order that dispensation of service be granted. Despite being notified of the application, the ex-spouse did not respond.
What was the outcome?
The registrar was satisfied with our diligent attempts to serve the divorce papers and granted an opportunity for the ex-spouse to respond or attend the court hearing. However, no response was received and the ex-spouse did not appear at the divorce hearing. As a result, the divorce was granted, allowing our client to move forward and begin a new chapter in their life.
DIVORCE FIXED FEE PACKAGE $2500 EX GST
Our fixed fee package includes:
Inclusions
- Taking instructions on the marriage separation and personal details of the parties and the children (if applicable)
- Explaining the court process
- Preparing the application for divorce
- Arranging for signing, filing and service with the Court
- Finalising the matter after the order is made and the certificate of divorce is issued by the Court
Our fixed fee does NOT include:
Once you and your ex-partner have obtained a divorce order ending your marriage, it is important to know that the order not only formally ends your marriage but starts a 12-month time limit running for you and your spouse to commence proceedings to resolve your property settlement. If either party does not commence Court proceedings within the time limit, that person may lose the right to have a property settlement and may not receive what they are entitled to under the Family Law Act 1975.
Get an advocate in your corner
No matter what your circumstances, our team always has the best interests of our clients in mind, and we’ll strive to be an advocate for you and your rights. If you’re looking for a divorce lawyer in Sydney, contact the team at Orman Solicitors today.
Maggie Orman
Principal
Renata Matyear
Senior Solicitor
Eileen Newcombe
Senior Solicitor
Frequently asked questions on divorce and separation.
What are the grounds for divorce in NSW?
In NSW, the only ground for divorce is the “irretrievable breakdown” of the marriage. This must be proven by living separately and apart for at least 12 months.
How long does it take to get a divorce?
After filing for divorce, a hearing usually takes place in 2-3 months. Once the divorce is granted, it becomes final one month and one day after the order, provided all legal requirements are met.
Can we apply for a divorce while still living together?
Yes, this is possible under the “separation under one roof” provision. You must prove to the Court that you lived separate lives while sharing the same home, with evidence like separate finances, sleeping arrangements and other daily life changes.
What happens to property and assets during a divorce/separation?
Property is divided based on what is “fair and equitable,” rather than an automatic 50/50 split. This considers financial and non-financial contributions, future needs, and other factors. It’s advisable to have legal advice to ensure an accurate assessment of the property pool.
How are parenting arrangements handled in NSW?
Parenting arrangements can be established either by mutual agreement or through Court orders if a dispute arises. The best interests of the children are taken into account. Children’s Orders will contain who the children live with, spend time with and who has the decision-making responsibilities.
Do I need to go to Court for a property settlement?
Not necessarily. Many separations are resolved through negotiation or mediation. Mediation is faster and less costly than going to Court. If disagreements persist over assets or parenting Court intervention may be necessary.
What support is available for separating couples?
NSW offers a range of support services including legal aid, relationship counselling, mediation services and financial planning assistance. Services like Relationships Australia, Lifeline, and the Family Relationship Advice Line offer additional guidance.
How much does it cost to get a Property Settlement in NSW?
The cost for a property settlement varies based on the complexity of the case. Legal fees, filing fees, and costs associated with Court mediation or property valuations can add up.
If the separation is amicable and an agreement is reached costs are generally lower. Contested matters will be more expensive.
For the divorce, we offer a fixed fee package.
What is marital separation in NSW?
Marital separation in NSW occurs when a couple decides to live separately and no longer functions as a married couple. Separation can be physical (living in different places) or under one roof (living separately within the same home).
What are the legal requirements for separation?
There are no formal legal requirements for marital separation in NSW – no forms or Court filings are needed to initiate it. However, it is crucial to document the separation date, especially if you plan to apply for divorce later. Proof of separation may include living arrangements, financial responsibilities, or written communication confirming the separation.
What is 'separation under one roof'?
Sometimes couples separate but continue living in the same home due to financial constraints, child stability or other reasons. In such cases evidence must be provided to prove that they have lived separately within the same residence, such as sleeping in different bedrooms or managing separate finances.
What happens if we reconcile during separation?
If you reconcile for more than three months, the separation period resets. You would need to separate for another 12 months before applying for a divorce. It is important to keep records of any reconciliation periods to ensure accurate documentation for future legal proceedings.
How does separation affect property and financial matters?
During separation managing property and financial matters can be complex. Marital assets, liabilities, and responsibilities must be identified and managed fairly. This includes making arrangements for shared expenses, debts and child-related costs. Legal advice can help ensure a fair division and establish clear responsibilities during this period.
How are children’s arrangements managed during separation?
Parenting arrangements made during separation should focus on the best interests of the children. Informal agreements are common and are often documented in parenting plans. These plans outline responsibilities and arrangements for the children but are not legally binding unless formalised as Consent Orders. We strongly recommend you formalise any children’s agreement using Consent Orders to safeguard your legal position should any disputes arise later.
Can I separate without telling my spouse?
It’s important to have evidence of your communication to establish the separation date legally. If you don’t feel comfortable talking to your ex or it is not safe to do so, you could consider sending an email or text message.