How long do I have to be separated before I can get a divorce?
In Australia, you must be separated for at least 12 months and one day before you can apply for a divorce. You can be separated while still living under the same roof, but you may need to provide evidence of this.
What is the difference between separation and divorce?
Separation is when you and your partner decide the relationship is over. Divorce is the legal termination of a marriage. You can be separated without being divorced, and you do not need to be divorced to deal with property or parenting matters.
How is property divided after separation?
There is no automatic 50/50 split. The court considers the financial and non-financial contributions of each party, the length of the relationship, future needs (such as care of children, earning capacity, and health), and what is just and equitable in the circumstances.
Do I have to go to court?
Not necessarily. Many family law matters are resolved through negotiation, mediation, or consent orders without going to court. However, if an agreement cannot be reached, court proceedings may be necessary to protect your rights.
How much does a family lawyer cost?
Costs vary depending on the complexity of your matter. At Christina Lam & Associates, your initial consultation is $295 (incl. GST). After that, we provide a detailed costs agreement and monthly itemised accounts so you always know where your costs stand.
What is an Independent Children’s Lawyer?
An Independent Children’s Lawyer (ICL) is a lawyer appointed by the court to represent the best interests of a child in parenting proceedings. The ICL does not represent either parent — their role is to ensure the child’s voice and welfare are considered by the court. Christina Lam is appointed to the Legal Aid NSW ICL Panel.
Can I get spousal maintenance?
Spousal maintenance may be available if you are unable to adequately support yourself after separation and your former partner has the financial capacity to assist. It is assessed based on your individual circumstances.
What is a Binding Financial Agreement?
A Binding Financial Agreement (BFA) is a legal agreement between two people in a relationship about how their property and finances will be divided if the relationship ends. It can be made before, during, or after a relationship. A BFA must meet strict legal requirements to be enforceable.
Helpful Resources
These links provide general information and should not be treated as legal advice. For advice specific to your situation, book a consultation with our team.
