Divorce Lawyer Sydney: 2026 Application Guide

Am I eligible to apply for divorce in Australia?

You must have been separated for at least 12 months and one day, with no reasonable prospect of resuming married life. Either you or your spouse must also be an Australian citizen, regard Australia as home and intend to live here indefinitely, or ordinarily live here and have done so for the 12 months immediately before filing.

Australia has a no-fault divorce system, so the court does not decide who caused the marriage to end. An overseas marriage can support an Australian application where the marriage was legally valid and the eligibility requirements are met.

NS Legal can review the separation history and the documents supporting the court’s jurisdiction before preparing your application. Our divorce and separation service also addresses questions that arise before you are ready to file.

What happens if my spouse will not cooperate?

You can make a sole application without your spouse signing it, provided you meet the divorce requirements and arrange service. If you apply jointly, both applicants sign and there is no requirement to serve the other applicant.

For a sole application, service must occur at least 28 days before the hearing if your spouse is in Australia, or 42 days before it if they are overseas. You cannot personally serve the documents by hand. Overseas service also requires attention to the procedure applicable in the destination country.

If you cannot locate your spouse after reasonable attempts, you may apply for substituted service or dispensation of service. NS Legal prepares service documents and evidence of delivery, and prepares an application for alternative service where appropriate.

What should I bring to a first divorce consultation?

Your marriage certificate, evidence of your connection to Australia and a separation timeline allow us to assess the basic application requirements. Gather the documents you already hold and tell us what is missing:

• Your marriage certificate and, if it is not in English, its translation and the translator’s affidavit.
• Your passport, citizenship documents or visa and residence records, as relevant to the jurisdiction relied on.
• The separation date and details of any period when you remained in the same home.
• Your spouse’s contact details, an address for service and any attempts to locate them.
• Details of the housing, schooling, health, financial support and contact arrangements for children under 18.

Separation under one roof during the required separation period needs additional affidavit evidence. Changes to sleeping arrangements, shared activities, household duties and finances can be relevant. NS Legal turns the relevant facts into supporting affidavits and arranges independent evidence where needed for a sole or joint application.

Which court handles a Sydney divorce, and must I attend?

Divorce proceedings are commenced in Division 2 of the Federal Circuit and Family Court of Australia, usually through the Commonwealth Courts Portal. The Sydney Lionel Bowen Building court is at 97–99 Goulburn Street. Divorce hearings are conducted electronically, with attendance determined by the application and the court’s directions.

If your spouse files a response contesting the divorce or raising an issue about the court’s jurisdiction or power to make the order, both parties must attend or be represented by a lawyer. Applications for substituted service or dispensation of service normally require attendance unless the Registrar directs otherwise. Your spouse’s request to attend does not automatically require you to attend. Having a child under 18 does not, by itself, require attendance.

NS Legal prepares any further material the court requires and arranges your participation in an electronic hearing where necessary.

Does divorce settle our property and parenting arrangements?

A divorce order ends your marriage without determining property division, spousal maintenance or parenting arrangements. Married parties generally have 12 months after the divorce takes effect to apply for financial or property orders. If the other party does not consent to an application after the applicable time limit, you need the court’s permission.

You can address these matters before the divorce becomes final. Tell us about your immediate concerns, including the family home, financial support or existing arrangements for the children. NS Legal prepares proposals or applications for property settlement and parenting arrangements, taking account of existing agreements and the deadlines that apply alongside your divorce.

Where is NS Legal’s Sydney office, and how do I book?

Our Sydney office is at Level 7/263 Clarence St, Sydney NSW 2000, and the telephone number is +61 2 8251 1999. You can use our contact form to request an appointment and nominate a preferred time. Once you submit the form, we will confirm the meeting place and available times.

When enquiring, tell us whether you are preparing to apply, have already filed or have received your spouse’s application. Include any hearing date and explain whether documents or service involve another country. Arrangements for a first consultation are explained when you book.

Compiled from official sources; updated 29 October 2026.