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    We picked the most highly specialised and talented lawyers

    Our family lawyers have extensive experience in all aspects of family law and understand how to get you what you need. We won’t leave your side throughout the entire process, giving you guidance while always acting in your best interests.

    Stuart Robertson

    Associate Director

    Daniel Rod

    Special Counsel

    Tim Russell

    Senior Associate

    Anthony Quinn

    Associate

    Zoe Hayes

    Lawyer

    Vision Lewis

    Senior Paralegal

    Our process

    01Understanding your separation

    We begin by helping you understand what legally constitutes separation in Australia, including situations where you may still be living under the same roof. We’ll clarify your rights and obligations from day one.


    02Clarifying parenting & property matters

    Before filing for divorce, we work with you to resolve parenting arrangements and property settlements. Our team ensures these are handled with care, sensitivity, and legal precision.


    03Preparing your divorce application

    We guide you through the online application process via the Commonwealth Courts Portal, whether you’re applying jointly or individually. We make sure every detail is correct and complete.


    04Supporting you through the court process

    If a hearing is required, especially where children are involved, we represent you and ensure the court understands your circumstances. We advocate for your best interests at every step.


    05Finalising your divorce

    Once the court grants your divorce, we help you understand what comes next, including timelines for final orders and property settlements. We remain by your side to ensure a smooth transition.


    Our services

    01 Divorce Applications

    Filing for divorce in Australia involves more than just paperwork, it’s a legal process that can feel overwhelming without the right support. At Chamberlains, we guide you through every step of the divorce application, ensuring that all requirements are met under the Family Law Act. This includes confirming that you and your spouse have been separated for at least 12 months and that there is no reasonable likelihood of reconciliation.

    Preparing & Lodging Your Application

    Whether you are applying jointly or individually, we help you prepare and lodge the necessary documents with precision. Our team ensures that your application is complete, compliant, and ready for submission through the appropriate legal channels.

    Navigating Hearings & Resolving Issues

    If a court hearing is required, we attend with you and advocate on your behalf. We also assist with any complications that may arise, such as disputes over the date of separation or challenges in serving documents. Our goal is to make the process as smooth and stress-free as possible, allowing you to focus on rebuilding your life with clarity and peace of mind.

    De facto relationships are legally recognised in Australia, and the rights and responsibilities of separating partners can be just as complex as those of married couples. At Chamberlains, we assist clients in determining whether their relationship qualifies as de facto under the law, which typically requires living together for at least two years or having a child together.

    Understanding Your Legal Status

    We provide tailored advice on your entitlements and obligations following separation, including property division, financial support, and parenting arrangements. This is a crucial first step in protecting your rights.

    Navigating Separation & Entitlements

    We provide tailored advice on your entitlements and obligations following separation, including property division, financial support, and parenting arrangements. Our team understands the nuances of de facto law and works to protect your interests, whether through negotiation, mediation, or court proceedings.

    We’re here to ensure that your contributions to the relationship are recognised and that your future is secure.

    When children are involved, their wellbeing becomes the central concern in any separation. At Chamberlains, we help parents develop practical and child-focused parenting arrangements that reflect the best interests of their children. This may include living arrangements, time spent with each parent, schooling, healthcare, and other important decisions.

    Creating Child-Focused Parenting Plans

    We work with you to create parenting plans through negotiation or mediation, tailored to your family’s unique needs. Our goal is to foster stability and cooperation, ensuring your children feel supported and secure throughout the transition.

    Applying for Parenting Orders

    Where informal agreements aren’t possible or sufficient, we assist in applying for parenting orders through the Family Court. We guide you through the process with empathy and expertise, advocating for arrangements that protect your children and uphold your rights as a parent.

    Our approach is always to minimise conflict and promote cooperative co-parenting, while ensuring that your rights as a parent are respected. We understand how important stability and security are for children during this time, and we’re committed to helping you achieve that.

    Dividing property and finances after a separation can be one of the most challenging aspects of family law. At Chamberlains, we provide strategic advice to help you reach a fair and equitable settlement that reflects your contributions and future needs. This includes assessing assets such as real estate, superannuation, investments, businesses, and debts.

    Strategic Advice or Complex Assets

    We take a comprehensive approach to financial settlements, considering both short-term outcomes and long-term financial security. Our team is experienced in handling complex financial structures and high-value asset pools, ensuring that no detail is overlooked.

    Resolving Matters with Respect

    Whether through negotiation, mediation, or litigation, we advocate for your best interests and aim to resolve matters efficiently and respectfully. Our goal is to help you move forward with confidence, knowing your financial future is secure.

    Spousal maintenance is financial support paid by one partner to the other after separation, where one party is unable to adequately support themselves. At Chamberlains, we provide clear and practical advice on whether you may be entitled to receive, or required to pay, spousal maintenance, based on your financial circumstances and those of your former partner.

    Applying for Maintenance

    We assist with both interim and long-term maintenance applications, helping you gather the necessary financial information and present a strong case. Our team ensures that your application is thorough, compliant, and focused on achieving a fair outcome.

    Responding to Claims

    We also help clients respond to maintenance claims, ensuring that their obligations are reasonable and legally justified. Our goal is to ensure that you are not left in financial hardship and that any support arrangements are fair and sustainable.

    Not every family law matter needs to end up in court. At Chamberlains, we believe in resolving disputes through collaborative and cost-effective methods whenever possible. Our team offers a range of alternative dispute resolution services, including mediation, negotiation, and collaborative law, to help you reach agreements without the stress and expense of litigation.

    Preserving Relationships Through Collaboration

    These approaches are particularly effective in preserving relationships, especially when children are involved, and often lead to more durable and amicable outcomes. We focus on solutions that foster cooperation and long-term stability.

    Supporting You Every Step of the Way

    We work closely with you to prepare for mediation, represent your interests during discussions, and formalise any agreements reached. If court proceedings become necessary, we are fully equipped to advocate for you with strength and integrity.

    Why Choose Chamberlains for Divorce & Separation

    Divorce and family separation are among the most emotionally and financially challenging experiences a person can face. At Chamberlains, we understand that this is more than a legal process, it’s a life transition. Our team is here to guide you with empathy, clarity, and strength. We offer strategic advice tailored to your unique circumstances, helping you make informed decisions that protect your future and your family’s wellbeing.

    Whether your separation is amicable or contested, we are committed to resolving matters respectfully and efficiently. Our lawyers are experienced in negotiation, mediation, and litigation, and we always aim to minimise conflict while securing fair outcomes.

    Things You Need to Know

    Understanding these basics helps you approach the process with confidence and clarity. We’ll walk you through each step and ensure your rights are protected.

    • Timeframes Matter: You must be separated for at least 12 months before applying for divorce in Australia.
    • Parenting Arrangements: These are separate from divorce and can be formalised through parenting plans or court orders.
    • Property Settlements: You have 12 months from the date your divorce is finalised to resolve property matters.
    • De Facto Relationships: Similar rules apply, but time limits differ, usually two years from separation.
    • No-Fault Divorce: Australian law does not require proof of wrongdoing; the only requirement is irretrievable breakdown.

    Supporting You Through the Process

    Our approach is holistic—we look beyond the paperwork to understand your goals, concerns, and family dynamics. We help you navigate:

    • Divorce applications
    • Parenting arrangements and custody disputes
    • Property and financial settlements
    • Spousal maintenance claims
    • Urgent applications and interim orders

    We also work closely with financial advisors, psychologists, and mediators when needed, ensuring you have the right support network throughout your journey. Whether you’re seeking a peaceful resolution or need strong representation in court, we’re here to advocate for you.

    Taking the Next Step

    If you’re facing separation or considering divorce, the first step is understanding your options. At Chamberlains, we offer compassionate, confidential consultations to help you assess your situation and plan your next move. You don’t have to go through this alone, let us help you find clarity, security, and peace of mind.

    Call us at +61 2 9264 9111
    Email us at hello@chamberlains.com.au


    FAQ

    01What should I do to prepare for separation or divorce?

    Preparing for separation or divorce involves both practical and emotional steps. We recommend confirming your separation date, updating legal and financial documents, securing your digital and physical assets, and seeking legal advice early. Chamberlains offers a detailed separation checklist to help you stay organised and informed. Our team is here to support you through every stage, from initial planning to final resolution, with empathy and expertise.

    In Australia, divorce is the legal termination of a marriage. Under the Family Law Act 1975, the only ground for divorce is that the marriage has broken down irretrievably, which must be proven by a minimum of 12 months of separation. Australia operates under a “no fault” divorce system, meaning there is no requirement to prove wrongdoing or blame. At Chamberlains, we guide clients through the entire process, from preparing the application to finalising the divorce order, ensuring it’s handled with care and efficiency.

    Yes, you can apply for divorce even if you and your spouse have been living under the same roof during the separation period. You will need to provide additional evidence to show that you were separated despite sharing a residence. This may include changes in sleeping arrangements, financial independence, and communication patterns. Chamberlains can assist in preparing the necessary affidavits and documentation to support your application.

    Separation refers to the end of a relationship, whether married or de facto, and does not require any formal legal process. Divorce, on the other hand, is the legal dissolution of a marriage. You can be separated without being divorced, but you must be separated for at least 12 months before applying for divorce. Our team helps clients understand the legal implications of both and supports them in managing the transition with clarity and confidence.

    Property settlements and parenting arrangements are separate legal processes from divorce, although they often occur around the same time. You do not need to wait for a divorce to resolve these issues. In fact, there are time limits, 12 months from the date of divorce, to initiate property or spousal maintenance proceedings. Chamberlains provides comprehensive support across all aspects of family law to ensure your financial and parenting matters are resolved fairly and efficiently.

    A de facto relationship is defined in the Family Law Act 1975 Act (Cth) as being a relationship between two people of the opposite or same sex who live together on a genuine domestic basis. Section 4AA of the Act provides defining qualities to a de facto relationship that include:

    1. not legally being married to each other;
    2. not related by family; and
    3. regard to all the circumstances of their relationship, they have a relationship as a couple living together on a genuine domestic basis.

    De facto relationships are legally recognised in Australia and are governed by the same principles as marriage under the Family Law Act 1975 (except in WA). You may be entitled to property settlements, spousal maintenance, and parenting arrangements following the breakdown of a de facto relationship. Chamberlains helps clients establish the existence of a de facto relationship and navigate the legal processes involved in separation, ensuring your rights are protected.

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