Every situation is unique and requires a tailored approach. The cost of a divorce lawyer in Sydney, regional NSW and Canberra depends on the complexity of your case, such as parenting arrangements, property settlements, contested issues and how long it takes for proceedings to progress. To ensure you have all the answers and are not limited by your financial position, Brydens Lawyers provides [__free* legal advice__](https://www.brydens.com.au/free-legal-advice/) on all family law matters. Contact us to schedule a consultation. (*Conditions apply).

In Australia, family law and the courts follow a ‘no-fault’ system. This means you only need to show that your marriage has broken down irretrievably. You can prove this by following Australia’s 12-month separation rule by living separately for a year.

Only one partner is required to initiate divorce proceedings in Australia. You can apply individually or jointly.

Yes, but conditionally. You can only oppose a divorce application if the court lacks jurisdiction or the 12-month separation rule has not been met — a divorce cannot be denied simply because one party disagrees with it.

You can still proceed. If your partner does not respond or attend court, the divorce may be granted in their absence. However, it is the expectation of the court that you have exhausted all options to include their involvement. When proceedings become complicated, it has the potential to delay the progress of your divorce, making the guidance of an expert divorce lawyer in Australia critical.

Family law, separation, and divorce requirements apply equally to same-sex couples in Australia. The 12-month separation rule, property settlement, and parenting arrangements are treated the same as other types of legally recognised relationships.

As long as the marriage is legally recognised in the country where it took place, and at least one party is an Australian citizen, resident, or ordinarily lives in the country, you can file for divorce here. You will need to provide your marriage certificate (with a certified English translation if it is documented in another language) and demonstrate that the 12-month separation rule has been met before lodging your application with the Family Court.

You may be able to file overseas, depending on local laws, but it may not be recognised under Australian family law unless specific conditions are met. It is best to [__consult Brydens Lawyers__](https://www.brydens.com.au/contact-us/) to understand the implications for property and parenting matters.

Annulments are less common and are only granted under specific legal grounds (e.g. duress, fraud, or invalid marriage). Most couples will need to pursue separation or divorce in Australia to end a legal marriage.

No, you must wait until your divorce is legally finalised.