Trusted Divorce and Separation Lawyer

We protect your legal rights during separation or divorce to get you a fair resolution

100% Confidentiality Assured

We understand the delicate and sensitive nature of the personal information you share with us and will always protect your confidentiality.

Honest and Upfront Advice on Your Situation

As a trusted and experienced family lawyer in divorce, you can count on us to provide comprehensive, honest and legal jargon-free advice.

Highly Experienced in Family Law

We are experienced in all areas of family law, including divorce, child custody, child support, spousal maintenance, binding financial agreements and property division.

Experienced and Trusted Divorce Lawyer

Lance Jackson is one of the Hills District's leading family lawyers, applying his wide experience in divorce to help his clients. As a legal expert with more than 20 years of experience, he advises and represents clients in separation, divorce, child custody, property settlement and other aspects of family law.

Lance is committed to helping clients achieve a fair and just resolution for their separation and divorce. He combines his expert knowledge with common sense and empathy to help you achieve the best possible outcome.

With an extensive background in family law, Lance is well-placed to assist you. Whether you need to apply for a divorce, get your marriage annulled or respond to a divorce order, having experienced divorce lawyers like Lance on your side can make a huge difference to your success.

Our Reviews

As a small family law firm, we treat our clients as individuals and respect the difficulties of each situation. We provide honest family law advice for married couples, those in de facto relationships or even those looking to enter a new relationship. See what some of our clients have to say:

How Can Arcadian Legal Help You?

Family law is complex. Our experienced and reliable family lawyer is focused on helping you through the difficult legal separation process.

Listen to Your Situation and Help You Understand Everything Involved

Everyone's situation is different. That's why we take time to listen to yours and help you understand the legal process and your rights and responsibilities.

Advice About Children, Property and Spousal Maintenance

We start by providing legal advice about the best possible outcome, proposed strategy and cost, outlining everything you need to know beforehand.

Negotiate On Your Behalf During any Divorce Proceeding

We will negotiate on your behalf during the divorce process to defend your rights and ensure all your priorities are taken into consideration.

Represent You in Court Proceedings

If we represent you in court for your divorce, we will advocate for your interests and help you achieve the best possible outcome.

Help You Achieve a Fair Settlement and Outcome

Our goal is to provide specific legal advice and action that will help to achieve a fair settlement and the best possible outcome for you.

Restructure Family Assets, Estates and Wills

We’ll help you restructure your family assets, estates and wills to ensure the right people are in charge of what matters most.

Marriage Annulment, Separation or Divorce

Trusted Family Lawyers Sydney to Protect Your Interests.

Separation

A couple is said to have separated once they stop living together in a domestic-like relationship even if they choose to continue to live in the same house. Either party or both can initiate separation.

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Divorce

A divorce is the legal termination of a marriage by a court judgement that leaves both spouses free to marry again. Under Australian law, a couple must be separated for 12 months before applying for divorce.

Your First Consultation is Free

Marriage Annulment

A legal marriage annulment is when a family court finds that a marriage is null and void, declaring it was never valid and never technically existed.

If you're considering ending your marriage and are unsure of the process or how to achieve the best outcome, contact Arcadian Legal.

Criteria for a Divorce in Australia

Under the no-fault divorce system set out in the Family Law Act 1975, the main grounds for divorce in Australia are if the marriage has broken down irretrievably. To apply for a divorce, you must satisfy the following criteria:

Proof of Marriage Over 2 Years

If you have been married for less than two years, you may be required to attend marriage counselling to discuss the possibility of a reconciliation.

Proof of Australian Residence or Citizenship

You or your spouse must have Australian citizenship or be a resident living in Australia and regard the country as your home.

Separate for 12 Months

You must have been separated and not living as a married couple with your former partner for at least 12 months.

No Likelihood of Reconciliation

The court has to be satisfied that your marriage has broken down irretrievably with no chance of you getting back together.

Process of Filing for Divorce

There are several steps to a divorce, as well as requirements that you must meet. We can help you through this process.

Complete the Divorce Application Form

The divorce process starts with you filling out the Application for Divorce form. You can choose to file a sole application or a joint application.

Sign the Form in Front of a Suitable Witness

Sign the form in the presence of a lawyer, Justice of the Peace or another person authorised to witness your signature.

File the Documents

The documents will then need to be filed, which is usually done online. Your lawyer can help you with filing. 

Receive File Number and Hearing Date

Once you have filed your application, you will receive a file number from the court and a hearing date.

Serve Papers to Your Spouse

If you make a sole application, you will need to serve a sealed copy of the file number and hearing date to your spouse. Divorce papers must be served at least 28 days before the hearing date if your spouse is in Australia or at least 42 days if they're overseas.

Divorce Hearing

In most cases, divorce hearings only take several minutes. Your attendance isn't required unless you've filed a sole application and a child of the marriage is under 18.

Outcome

Typically, a divorce becomes final one month and one day after the date it was granted at the court hearing.

Property Settlements and Spousal Maintenance Applications

If you cannot reach an agreement with your former spouse, you may have to apply to the court to settle property and spouse maintenance matters.

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De facto Couples 

If you are in a de facto relationship, we can help you file a property or spousal maintenance application within two years of the de facto relationship ending. Once the time limit has elapsed, you will need the court's permission to file your application. As an experienced divorce lawyer, we can advise you of the actions you need to take to help you get a fair resolution.

Married Couples (includes same sex marriage)

Married Couples 

Married same-sex or heterosexual couples can apply for a property settlement or spousal maintenance any time before divorce. Once the divorce is final, you must file an application within 12 months. The family court can extend this timeline, but only if there is a good reason. At Arcadian Legal, we will explain the process in detail to help you start your new life with financial security.

Child Custody and Support Payments

When a marriage ends, both spouses are left to make decisions about child custody and ongoing financial support. This can be a contentious and emotionally charged process. We'll leverage our knowledge and expertise to reach a favourable arrangement that safeguards the welfare of your children and protects your parental rights.

Making the right decisions for your children cannot be left to chance. You need someone on your side who can fight for your rights and understands the law in great detail.

At Arcadian Legal, we have helped other parents with their child custody and child support needs. Let us help you too!

Frequently Asked Questions

Can I get custody of the children or do we share it?

The law's main concern is that children's best interests are served by being protected from harm and having a meaningful relationship with both parents. Therefore, a family court will encourage parents to share responsibility for their children equally after separation, except in circumstances of domestic violence, alcohol abuse and mental illness.

What is the process of filing for divorce?

You need to file a sole or joint application for divorce with The Federal Circuit Court. Once filed, you will receive a date for the court hearing where the Registrar of the Court will consider whether or not to grant the divorce. It is important to note the Registrar will not consider other aspects like parenting arrangements, spouse support and custody.

Is the law different for de facto couples splitting up?

The law is similar for married couples, and people in de facto relationships regarding decisions about child support, provided the child is a child of both parties. The laws regarding spousal maintenance and the division of property are also generally the same. You must apply to the Family Court for any property and maintenance issues within two years after the relationship ends. However, applications related to children can be made at any point.

What if I was married overseas but want to divorce in Australia?

Yes, you can divorce in Australia even if you had your marriage ceremony performed overseas provided you meet certain conditions. You either have to be an Australian citizen by birth or descent, a permanent resident or regard Australia as your permanent home and intend to live here indefinitely. You'll need a copy of your overseas marriage certificate.

Does a divorce include parenting and property arrangements?

A divorce is a formal recognition that a marriage has ended. It doesn't determine issues such as property division or arrangements for children. However, if you have children under 18 years, a court will only grant a divorce if children's issues are taken care of and proper arrangements have been made for their welfare.

Can I get divorced without a lawyer?

Some people don't use a divorce lawyer if the divorce is reasonably straightforward. However, a divorce only ends the marriage; it doesn't include arrangements for children, finances or property. Therefore, it's best to hire experienced family lawyers to handle the legal aspects of your case to ensure no major problems down the road.

Can the divorce be opposed by the other party?

There are only a handful of circumstances where a spouse can oppose a divorce application, such as a contested date of separation. Disputes over property and parenting arrangements or the other party wanting to get back together are not sufficient grounds for opposing a divorce.

What if I cannot find my spouse to serve them with a divorce application?

If you can't locate their whereabouts, you must prove to the court you've tried your best to notify them. The court may offer you a substitution service where the relevant documents are served to another person who can bring them to your spouse's attention.

For trusted and reliable legal counsel regarding your divorce or separation, contact our highly experienced divorce lawyer today.