Family Law · Sydney & NSW
Clear advice on divorce, property, children and spousal maintenance, from our Marrickville office.
4.9★
As at October 2026
30+
years in legal service
Supplied by CM Lawyers
Google rating as at October 2026. Years in legal service supplied by CM Lawyers.
Separation and divorce
Separation is a hard time, with difficult decisions about children, property and money. We guide you through each step with care and clarity.
Whether you and your former partner agree on most things or are in a complex dispute, we give you practical advice. We advise on divorce applications, property settlement, parenting arrangements and spousal maintenance, for married and de facto couples.
Advice early on helps you understand your rights, your options and any time limits before you agree to anything.
We keep you informed from separation to the final resolution, whether that is by agreement or in the Federal Circuit and Family Court of Australia.
When to talk to us
You don’t need to have everything worked out before you get in touch.
You want to understand where you stand on the home, money and the children before you agree to anything.
You have been separated for at least 12 months and want help with the application.
You need to show the Court that the relationship was over during that time.
You want to work out who keeps what, including superannuation, and make it legally binding.
You want arrangements that put the children’s safety and wellbeing at the centre.
You want to know whether you can apply for property or maintenance orders, and by when.
If you are worried about your safety
If you or your children are in immediate danger, call 000.
For free, confidential support 24 hours a day, 7 days a week, contact 1800RESPECT: call 1800 737 732, text 0458 737 732, or use online chat at 1800respect.org.au.
When you contact us, tell us the safest way and time to reach you.
Divorce
Divorce in Australia is “no-fault” under the Family Law Act 1975. The Court does not look at why the marriage ended. The only ground for divorce is that the marriage has broken down irretrievably, shown by at least 12 months of separation and no reasonable likelihood of getting back together.
You can apply on your own (a sole application) or together with your spouse (a joint application). If you were separated but living under the same roof during those 12 months, you will need to give extra evidence, in affidavits, that the relationship was over during that time. We can help you prepare these documents.
A divorce only ends the marriage. It does not decide arrangements for children or property; these are dealt with separately, by agreement or, if you cannot agree, by the Court. If you have children under 18, the Court also generally needs to be satisfied that proper arrangements have been made for them before the divorce takes effect.
Read more: How do I apply for divorce? (Federal Circuit and Family Court of Australia)
After a time limit has passed, you can apply only with the Court’s permission or if your former partner agrees, and the Court does not always give permission. If a time limit is close, please call us on (02) 9557 9000.
How it works
Divorce applications are filed online with the Federal Circuit and Family Court of Australia. We can prepare the application for you or help you with it.
You must have been separated for at least 12 months. At least one of you must also meet the Court’s eligibility rules, for example by being an Australian citizen, or by living in Australia lawfully for at least the last 12 months and intending to stay.
The application is filed online, on your own or jointly with your spouse. You will need your marriage certificate, and a filing fee is payable unless you are eligible for a reduced fee.
If you apply on your own, a copy of the application and other documents must be served on your spouse. This is not needed for a joint application.
Every divorce is listed for a hearing, but you only have to attend in some cases, for example if you applied on your own and there are children under 18.
If the Court grants the divorce, it becomes final one month and one day later, unless the Court orders a shorter time.
The 12-month time limit for property and spousal maintenance applications starts when the divorce becomes final.
De facto relationships
If you were in a de facto relationship, including a same-sex relationship, the Family Law Act also deals with property, financial support and arrangements for children when you separate.
To apply to the Court for property or maintenance orders after a de facto relationship ends, you will usually need to show at least one of the following:
You generally need to apply within two years after the relationship ends. After that, you can apply only with the Court’s permission or if your former partner agrees, and the Court does not always give permission.
Property and money
A property settlement deals with what you and your former partner own and owe, including the home, savings, superannuation, any business, and debts. We can help with:
There is no fixed formula and no automatic 50/50 split. In broad terms, the Court identifies the property and debts, looks at each person’s financial and non-financial contributions (including as a homemaker or parent), and considers each person’s current and future circumstances. Since 10 June 2025, the law also expressly requires the Court to consider the economic effect of any family violence. The Court only makes an order if it is just and equitable.
Before applying to the Court about property, you are generally expected to take genuine steps to resolve the dispute, such as mediation and exchanging financial documents, unless an exemption applies (for example, family violence or urgency). If court is needed, we can act for you in the proceedings.
Children
Parenting arrangements (sometimes still called “custody”) cover where children live, the time they spend with each parent and other important people, and how major long-term decisions about them are made.
The law changed on 6 May 2024. The Family Law Act no longer presumes that parents should have “equal shared parental responsibility”, and there has never been a requirement for children to spend equal time with each parent.
When the Court makes parenting orders, the child’s best interests are the paramount consideration. The Court must consider what arrangements would promote the safety of the child and of each person who cares for them, any views the child has expressed, the child’s needs and the capacity of each person who has, or would have, parental responsibility to meet them, and the benefit to the child of a relationship with their parents and other people who are significant to them, where it is safe.
We help parents agree on workable arrangements and record them in a parenting plan or, if you want arrangements that can be enforced, in consent orders. Where it is safe, we encourage mediation or family dispute resolution. If agreement is not possible, we can act for you in the Federal Circuit and Family Court of Australia.
Financial support
If one partner is unable to support themselves adequately after separation, they may be entitled to spousal maintenance, to the extent the other partner is reasonably able to pay it. Payments may be temporary or ongoing, depending on each person’s needs and capacity to pay.
We can help you apply for spousal maintenance, respond to a maintenance claim, or work out financial arrangements that suit your circumstances.
Read the Court’s information on spousal maintenance, including time limits
Before your first meeting
Bring what you can easily get. It is fine if you don’t have everything yet; we can work out together what else is needed.
Who will help you
Family law matters at CM Lawyers are looked after by Christine Manolakos, who works from our Marrickville office.
Solicitor
Christine advises on separation and divorce, property settlement, parenting arrangements and binding financial agreements, as well as wills and estates. She will explain your options in plain terms and keep you informed as your matter progresses.
Working with us
We explain how our fees are worked out at the start. Before work begins, you receive a written estimate of costs, and we keep you informed as your matter progresses.
Court filing fees are set by federal regulations and listed on the Court’s fees page.
Questions
No. You can apply on your own. If you do, the application must be served on your spouse. You can also apply jointly if you both agree.
Yes. You will need to give the Court extra evidence, in affidavits, that the relationship was over during that time.
Not always. Every divorce is listed for a hearing, but you only have to attend in some cases, for example if you applied on your own and there are children under 18.
No. You can reach a property settlement, or apply to the Court for property orders, before you are divorced. Once a divorce becomes final, you have 12 months to apply to the Court for property orders without needing its permission.
A parenting plan is a written agreement between the parents that is signed, dated and made freely. It is not enforceable in the way a court order is. Consent orders are made by the Court on terms both parents agree to, if the Court is satisfied they are in the child’s best interests, and they can be enforced.
Related pages
How family law works after separation.
Dividing property, debts and superannuation, and making it final.
Where children live and the time they spend with each parent.
Agreements made before, during or after a relationship.
Working towards an agreement about property without going to court.
Separation is a good time to review your will.
Make an enquiry
Tell us briefly what is happening and we’ll explain your options and the next step. A short outline is enough; please don’t include confidential details yet. We check that we can act for you before we discuss your matter.
If, for your safety, we should contact you only in a certain way or at a certain time, please say so in your message.
If your matter is urgent, please call us. If you are in immediate danger, call 000.
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Level 3, Unit 3.07
18–30 Faversham Street
Marrickville NSW 2204
You can drive up to Level 3, and two hours’ free parking is available at Wick’s Place.
General information only
This page gives general information about separation and divorce under Australian family law, as it applies in NSW, as at October 2026. It is not legal advice. The law and Court procedures change, and every situation is different, so please get advice about your own circumstances.
Disclaimer: This website provides general information only. Nothing on this site should be taken to comprise legal advice or used as a substitute for detailed and competent legal advice. While the information contained in this website is believed to be accurate and current, it is provided by CMLawyers in good faith on an “as is” basis. CMLawyers, its directors, officers or employees make no representation or warranty as to the reliability, accuracy or completeness of the information contained on this website, and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained in this website.
