02 9792 8413

Divorce Lawyers Bankstown

Compassionate & Experienced Divorce Lawyers in Bankstown

Separation and divorce can be one of the most difficult times in your life. At Burgess Legal, our experienced divorce lawyers in Bankstown are here to provide clear guidance, practical solutions, and strong representation to help you move forward with certainty.

Whether you are just beginning the separation process or ready to file for divorce, we can advise you on your rights, responsibilities, and the best path forward for you and your family.

Call us today on 02 9792 8413 or email [email protected] to speak with a family law professional.

Understanding Divorce in Australia

Divorce is the legal process that ends a marriage. It is separate from issues such as parenting arrangements, property division, and spousal maintenance.

You can apply for a divorce in Australia if:

  • Your marriage has broken down irretrievably
  • You and your spouse have been separated for at least 12 months and 1 day
  • If children under 18 are involved, the Court is satisfied that proper arrangements are in place for their care

It is possible to be considered “separated” while still living under the same roof. This often happens for financial, cultural, or family reasons. In these cases, additional evidence will be required to show the Court that you were living separately.

The Divorce Process

Many people find the legal process confusing. Our Bankstown divorce lawyers can guide you through each step, including:

  1. Filing the Application
    • You can apply for divorce on your own (sole application) or together with your spouse (joint application).
    • The application is lodged with the Federal Circuit and Family Court of Australia.
  2. Serving the Divorce Application (if a sole application)
    • If you apply alone, your spouse must be formally served with the divorce papers.
    • We ensure this is done correctly to avoid delays.
  3. Court Hearing
    • In most cases, you won’t need to attend.
    • If there are children under 18, you (or your lawyer) may need to attend a short hearing to confirm arrangements.
  4. Divorce Order Finalised
    • Once granted, your divorce becomes final one month and one day after the Court makes the divorce order.

Property and Financial Settlements

Divorce does not automatically resolve property or financial matters. Settlements must be addressed separately and consider:

  • Assets, liabilities, and superannuation
  • Contributions made during the marriage
  • Future needs, including income, health, and care responsibilities for children

Applications for property settlement or spousal maintenance must be made within 12 months of the divorce becoming final.

Our team provides expert advice on negotiating fair settlements and formalising agreements through consent orders or binding financial agreements, minimising dispute and ensuring compliance with legal requirements.

Parenting Arrangements and Children

When children are involved, the Court prioritises their best interests. This encompasses ensuring children maintain meaningful relationships with both parents and are protected from harm.

Our lawyers assist with:

  • Drafting parenting plans
  • Applying for consent orders
  • Representing clients in Court where disputes cannot be resolved amicably

We provide guidance to ensure arrangements are structured in a way that supports the wellbeing and development of children.

 Why Choose Burgess Legal?

  • Experienced, local divorce lawyers in Bankstown
  • Comprehensive, professional guidance tailored to your circumstances
  • Expertise in both simple and complex divorces
  • Support across property, financial, and parenting matters
  • Focus on efficiency, fairness, and protecting your rights

Contact Our Divorce Lawyers in Bankstown

Separation can be a stressful time. Expert legal advice early in the process ensures you make informed decisions and safeguards your interests.

Call 02 9792 8413
Email [email protected]
1/130 Tower St, Panania NSW 2213

At Burgess Legal, our dedicated divorce lawyers in Bankstown provide professional support and guidance, helping you close this chapter and move forward with confidence.

Divorce FAQs

Do I need a lawyer to get a divorce in NSW?
While not mandatory, engaging a lawyer ensures your application is completed correctly, avoids delays, and protects your legal rights throughout the process.
How long does a divorce take in Australia?
Most divorces are finalised within approximately four months from lodgement, provided there are no complications or objections.
How long do you have to be separated before filing for divorce?
You must be separated for at least 12 months and one day before applying. This applies even if you are living under the same roof.
Do I need to attend Court for a divorce?

 Court attendance is generally only required if:

  • You are a sole applicant with children under 18
  • You or your spouse have requested to attend
  • There is an objection to the application
Can I remarry immediately after divorce?
No. You must wait until your divorce is finalised, which is one month and one day after the Court grants the divorce order.
Can I oppose a divorce application from my spouse?
Yes. If you believe the marriage has not broken down irretrievably, you may oppose the application. Your lawyer can advise on the likelihood of success and next steps.
What if I’ve been married for less than two years?
Additional documentation or counselling may be required to demonstrate that reconciliation is unlikely. The Court may consider this before granting a divorce.
What happens if we briefly reconcile during separation?
Short periods of reconciliation do not automatically restart the separation period. Evidence of continued separation over 12 months is what matters.
Can I get a divorce if my spouse lives overseas?
Yes. You can still apply for divorce in Australia if either you or your spouse are ordinarily resident in Australia for at least 12 months prior to the application.
How does divorce affect property or financial matters?
Divorce ends the marriage but does not automatically resolve property or financial issues. Property settlements and spousal maintenance applications must be filed within 12 months of the divorce becoming final.
How does divorce affect parenting arrangements?
Divorce does not change parental responsibilities. Parenting plans, consent orders, and Court applications ensure children’s best interests are maintained after divorce.
What is a joint versus a sole divorce application?
  • Joint application: Both parties apply together; the process is often quicker and simpler.
  • Sole application: One party applies; the other must be served formally with the application.
Can I apply for divorce online?

Yes. Applications are generally lodged through the Commonwealth Courts Portal, and many divorces can be completed online without attending Court.

What if I am not married in Australia?
You can still apply for divorce in Australia if your marriage was registered overseas, provided you or your spouse meet the residency requirements.
How much does a divorce cost?
Costs vary depending on complexity. Burgess Legal provides transparent advice and quotes after an initial consultation to ensure you understand your financial commitment.