Separation or Divorce

I have a family, wills or estate matter

I need the help of a divorce lawyer in Sydney, regional NSW & Canberra

Across all matters of family law, separation or divorce in Australia can be particularly challenging, even when all parties work towards a fair and equitable outcome.

Our team of specialised family lawyers work to make proceedings and your life easier by negotiating parenting arrangements and property settlements after a separation to the benefit of both partners and dependents. Through litigation, mediation and negotiation in collaborative law, Brydens Lawyers provide expert advice and investigate all available options to ease your transition.

Whether you are looking to dissolve a marriage or de facto relationship, Brydens Lawyers can help you define the division of living arrangements, child custody, financial support and divorce proceedings with clarity. Do not delay to BOOK A FREE CONSULTATION* online or by calling us at 1800 84 848. Our team is available to provide expert guidance and lead your case from all of our offices throughout Sydney, regional NSW and Canberra. (*Conditions apply).

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Meet the team that specialise in

Family Law

Bandeli (Lee) Hagipantelis
Bandeli (Lee) Hagipantelis

Principal

Languages spoken: English and Greek

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Natalie Dadisho
Natalie Dadisho

Senior Associate - Accredited Mediator Practice Manager – Family Law Division

Languages spoken: English and Assyrian

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Kyara Hagipantelis
Kyara Hagipantelis

Associate

Languages spoken: English

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Malik Hameed
Malik Hameed

Associate

Languages spoken: English, Tamil and Sinhalese

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Nicole Jirathammakul
Nicole Jirathammakul

Associate

Languages spoken: English

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How do I enter into a separation or divorce in Australia?

When two individuals — whether in a de facto relationship or marriage — experience an irretrievable breakdown and choose to stop living together, separation or divorce is typically the next step. To demonstrate the end of the relationship, they must live apart and comply with Australia’s 12-month separation rule to enter into a legally valid separation agreement in NSW. Only after this period can they proceed to file for divorce and formally end their union.


When do you need to hire a family or divorce lawyer in Australia?

To ensure you can file for divorce in the family court, it is important to contact a family and divorce lawyer as soon as you seriously consider separating or have separated. The decisions you make today will influence your current and future lifestyle, financial stability, and the wellbeing of any children or dependents you are responsible for.

To file for dissolution, all partners need to follow several steps to ensure that all events and proceedings are legally recognised. Brydens Lawyers can provide you with expert advice to protect your best interests, guiding you throughout the process to avoid confusion and ensure a fair and equitable distribution of all accrued and owed assets.


Secure parenting arrangements after separation that prioritise your child’s wellbeing

For couples with children, reaching clear agreements on shared responsibilities and child custody is essential to safeguarding their safety and relationship with both parents. From defining access to clarifying parental responsibilities, our specialised family lawyers assist in preparing parenting plans and more formal arrangements that promote cooperation and healthier co-parenting environments. This can include defining:

  • Who will have custody of the children, and where will they live

  • Whether one party has visitation rights and what those rights may entail

  • How major decisions about the children’s welfare, schooling and religion will be made, and by whom.

Family dispute resolution services may be necessary to facilitate mutually amicable agreements. However, if a consensus cannot be reached, Brydens family lawyers can assist in presenting your case to the Family Court to ensure that the children’s best interests are prioritised.


Favourably and equitably negotiate property settlement after a separation

At Brydens Lawyers, we help you move forward with confidence by ensuring a fair and equitable division of assets after separation. Whether it involves the family home, superannuation, investments, or business interests earned during your marriage, our experienced divorce lawyers in Sydney provide clear, strategic advice tailored to your situation, ensuring you are not penalised.

We manage negotiations, documentation, and legal proceedings from the outset, always advocating for your rights and the best interests of any children involved. From mediation to court representation, we’re with you at every step, protecting your future with trusted legal support.


What will Brydens Lawyers assist you with?

From the initial drafting and filing of your application to finalising a divorce decree and related agreements, our team is prepared to handle each aspect of your family law matter efficiently. Whether you require more intricate property settlements, the drafting of detailed parenting agreements or an empathic approach for cases involving family violence, our knowledgeable family law team is prepared to provide guidance with professionalism and care.

Across all matters of family law, separation, and divorce, Brydens Lawyers is committed to simplifying the process for you. With clear communication to keep you informed, and pragmatic, strategic guidance aligned with your goals, our specialised divorce and family lawyers work to secure the most favourable outcome possible.


Why are Brydens Lawyers the best family lawyers for you?

Our family lawyers are experienced in a wide range of family law matters, which allows us to approach each case with the sensitivity and dedication it deserves. At Brydens Lawyers, we understand that this may be a challenging time, and our goal is to maximise your outcomes while minimising any undue emotional stress. From child support and custody to financial settlements, Brydens will ensure you receive comprehensive and compassionate legal support throughout your legal separation or divorce.

To ensure nothing stops you from defending your rights and entitlements, we provide free* legal advice on all family law matters, giving you the chance to have your most pressing questions answered. Contact Brydens Lawyers now to arrange a consultation to discuss your case. (*Conditions apply).

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FAQs

How much does a divorce lawyer cost?

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 on all family law matters. Contact us to schedule a consultation. (*Conditions apply).

What grounds do I have to provide to file for a divorce?

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.

Who can file for divorce in Australia?

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

Can I oppose a divorce filing?

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.

What happens if my partner refuses to cooperate?

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.

How does separation and divorce apply to same-sex marriages?

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.

Can I file for divorce if I was married overseas?

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.

Can I file for divorce overseas?

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 to understand the implications for property and parenting matters.

Can I apply for an annulment instead of a divorce?

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.

Can I remarry before my divorce is finalised?

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