Separation & Divorce
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Separation
Separation is stressful and complicated for most people and involves significant change. There is a lot to think about and decisions need to be made about your living arrangements, parenting arrangements, the division of assets and finances and how you will support yourself financially.
Seeking specialist family law advice early can make a significant difference to the long-term outcomes.
Seeking specialist family law advice early in the separation process can make a significant difference to the long-term outcome of your parenting arrangements and property settlement. Gaining early advice sets you up with the most options and a better final outcome.
Considering separation
If you are only contemplating separation, it’s important to understand your options so you can make informed decisions and take the right actions at the time you separate.
In the midst of separation
If you are already in the midst of separation, don’t worry, it’s not too late. Seeking specialist family law advice will help you understand all your options so you can make the best decisions for your future.
Divorce
In Australia, divorce is a separate process to the division of your assets or financial settlement. Unless time limits apply, you can seek a financial settlement before or after divorce.
You can apply for a divorce once you have been separated from your spouse for 12 months. This can be complicated if you have been ‘separated under one roof’ (i.e., living separately in the same house). Although it still counts if you have been living in the same house as your former partner, your divorce application may be more complicated than if you have been living separately and apart for 12 months.
Sole vs joint applications
You can either make a sole application or a joint application for divorce. A joint application must be signed by you and your former partner. Making this type of application is usually straightforward and you don’t need to attend court.
Making a sole application can be more difficult. Your former partner will need to be personally served with your application and if you have children, the court must be satisfied that proper arrangements are in place for their care.
Application process
Most people will find divorce applications simple enough to prepare without a lawyer and many of our clients prepare their own divorce application online. However, we understand the process is stressful and we often assist clients by preparing their divorce application so they can take one more thing off their plates.
The process can be stressful and we often assist clients by preparing their divorce application so they can take one more thing off their plates.
In some situations, a divorce application can become difficult. For example, if your former partner contests the application, you cannot locate your former partner, you were married overseas, or you want to get divorced when part of the 12-month period includes a period in which you were ‘separated under one roof’.
Time limits and seeking advice from a divorce lawyer
It’s important to remember that you only have 12 months from the date your divorce is granted to finalise a property settlement with your former spouse.
It’s essential to gain specialist family law advice at the time you are contemplating divorce, to ensure you don’t run out of time and you set yourself up for the best possible outcome.
It’s essential to gain specialist family law advice at the time you are contemplating divorce, to ensure you don’t run out of time and you set yourself up for the best possible outcome.
If you require assistance with a divorce application, please contact us to arrange a confidential discussion.
Frequently Asked Questions
Navigating a divorce is never easy. It is an emotionally and financially challenging time that requires clear legal guidance.
At Hulse Family Law, our experienced family law team, led by a highly skilled female lawyer, specialises in helping individuals in Wollongong and the Shoalhaven through the complexities of divorce. We provide practical legal advice tailored to your personal circumstances, ensuring that you make informed decisions that prioritise your future and that of your family.
In Australia, divorce is granted on a no-fault basis, meaning that the only requirement is that the marriage has irretrievably broken down.
This is demonstrated by living separately for at least 12 months.
In some cases, couples may be considered separated even while living under the same roof, provided they can prove they have been living independently of one another.
Yes, many divorces can be processed without a court appearance. If both parties agree and there are no children under 18, the process is often straightforward.
If parties have children, a Court appearance is required.
If there are disputes over parenting arrangements or property settlement, court intervention may be necessary to resolve such disputes.
This will not prevent you from obtaining a divorce order.
At Hulse Family Law, we aim to resolve family law matters efficiently through dispute resolution, minimising the need for costly and stressful litigation.
A divorce application typically takes around four months from the date of filing to finalisation.
However, the mandatory separation period of 12 months must be completed before filing. If delays occur due to incomplete documents or disputes, the process can take longer.
The cost of divorce varies depending on legal fees and court costs.
As of 2025, the standard filing fee for a divorce application in NSW is $1,060.
Reduced fees are available for those entitled to a concession card or experiencing financial hardship.
Our team can provide a clear breakdown of legal costs to help you budget accordingly.
Preparation is key to achieving a fair outcome in your divorce. Steps to take include:
- Gathering financial documents such as bank statements, property titles, and superannuation details.
- Considering parenting arrangements for children.
- Seeking legal advice to understand your rights and obligations.
- Exploring dispute resolution options to avoid court where possible.
To make the most of your initial consultation, bring the following:
- Your marriage certificate
- Financial statements and asset details
- Any existing parenting arrangements or court orders
- Documentation related to joint debts or liabilities
- A list of key questions you want to ask
In some cases, separating while still living under one roof is necessary due to financial or parenting reasons.
This can be legally recognised, but you may need to provide evidence such as separate finances, sleeping arrangements, and reduced social interactions.
A legal affidavit from a third party can support your claim if required.
No, mutual agreement is not required. If one party does not consent, the other can still apply for a divorce.
As long as the separation requirement is met and proper service of documents is completed, the court can grant the divorce without the other party's agreement.
Generally, you cannot stop a divorce from proceeding if the requirements are met.
However, you can delay the process by disputing the separation date or service of documents. Seeking legal advice early can help prevent unnecessary complications.
A property settlement is separate to a divorce. You do not need to wait 12 months to finalise a property settlement. In fact, many property settlements are finalised well before parties obtain a divorce order.
Property settlements are based on fairness rather than an automatic 50/50 split. The court considers factors such as:
- The value of assets, liabilities and superannuation in the asset pool
- The financial and non-financial contributions of each party
- The future needs of both parties, including income and caregiving responsibilities
- Superannuation and other long-term financial considerations
You must be separated for at least 12 months before filing for divorce. If you reconcile for less than three months but then separate again, the earlier separation period may still count.
There is no automatic entitlement to half of all assets. Courts assess each case individually based on contributions, needs, and fairness.
At Hulse Family Law, we help clients navigate property settlements to ensure a just outcome.
The party applying for divorce generally pays the filing fee, though legal fees may be shared. In some cases, costs can be contested if one party has significantly more financial resources.
At Hulse Family Law, we understand that divorce is a deeply personal and often stressful experience. Our Wollongong-based law team is here to provide compassionate yet pragmatic guidance, helping you navigate the legal process with confidence. If you need expert legal advice, we highly recommend booking a consultation with our family lawyers.
For more information on divorce and family law matters, explore our resources:
• NSW Family Law Court Fees (Updated 2024)
• Superannuation and Property Settlements
Let our experienced family lawyers help you through this challenging time with practical, fair, and expert legal support.
Testimonials
What our clients say
I was fortunate enough to have been given Lana’s details whilst trying to navigate my separation. Obviously it was a very confronting time for all involved, so to have someone like her guiding me through the process was a blessing. I found Lana to be very considerate, extremely professional and just a genuine person to deal with. Can’t recommend Hulse Family Law more highly.
I will be forever grateful to Lana for making the process of divorce as stress-free as possible. She was very knowledgeable, supportive and reassuring through the entire process. Lana always took the time to clearly and efficiently explain any questions I had along the way. I was extremely satisfied with the outcome and have no hesitation in recommending Lana’s high quality professional service for all your family law matters.
Separation is a highly emotional and challenging time, without any knowledge of family law, the way forward was full of uncertainty. Lana’s knowledge and experience was invaluable in providing me with the answers I needed and the options available to me. I wouldn’t hesitate to recommend Lana and Hulse Family Law.
During the pandemic, Lana helped me navigate an extremely difficult separation. With her extensive knowledge of family law and her professional approach, she was able to guide me through the process calmly with compassion, listening patiently to my concerns and offering a range of solutions. She helped me make informed decisions during an emotional and stressful time. The process was resolved efficiently with minimal conflict. I have no hesitations in recommending Lana for any family law matter.
Amazing service through one of the most difficult times in my life. Separation can be one of the most stressful situations anyone has to go through and Lana did the most incredible job of helping me through it every step of the way. Her genuine, kind and caring approach along with outstanding legal knowledge was second to none, along with personal advice she gave with all possible options and outcomes. Words can honestly not express enough how grateful I am.
Lana did an amazing job helping me navigate the very challenging and often scary process of separation, child custody and asset division. Her calm approach and confident advice steered me in the right direction and enabled me to obtain the best outcome for my family. Lana is patient, steady and wise and really manages to see the big picture without missing important details. I would recommend Lana for anyone seeking legal support through the process of separation.
I would highly recommend Lana, she has a wealth of knowledge and experience with family law. She helped me understand what my rights were and was able to give me the information I needed before progressing further with separation. I appreciated her timely manner in always getting back to me, and the way things were explained so well. I felt listened to and supported through a challenging time and was very happy with all the outcomes.
