Do I need a lawyer for my divorce?

2 November 2025 in Family and Divorce Law | 8 min read | skip to FAQs

This article examines if you need a lawyer divorce lawyer for your divorce. We firstly look at the advantages of engaging a divorce and family lawyer and then examine the definition of divorce, what is involved in the application and considerations prior to divorce.

Advantages of Engaging a Lawyer for a Divorce

If you are considering representing yourself, it is recommended by the Federal Circuit and Family Court of Australia that you seek legal advice, even if you don’t engage a lawyer to represent you in court.

However, you are not legally required to engage a lawyer to file a divorce application. Nevertheless, it is highly advised that you do. Most people seek the advice of a family lawyer and a very high percentage engage a lawyer for their divorce. The process of divorce can be complex and emotionally taxing and having an expert who knows the system and is totally in your corner is very comforting.

This is particularly the case when the marriage involves children and parenting orders, and the division of property and other financial matters. It is a stressful period and having an experienced lawyer advocating for you will ensure that you get what you are entitled to. It will mean that you achieve the best possible outcome for both access and care of your children and your future financial security.

Depending on the circumstances, parties may need to attend mediation or court to settle disputes which can be stressful and time consuming. A family lawyer will guide you through the process, provide expert advice and very importantly confidently represent you in mediation and court appearances, alleviating the stress of you needing to speak in mediation and court.

The steps to finalising a divorce can be quite complex. An experienced family lawyer knows the legal system. They are able to explain to you how the law applies to your case and what your legal rights and responsibilities are. They know the ‘ins and outs’ of court procedures, timeframes and paperwork and will assume the responsibility of managing your matter. For instance, legal requirements such as providing correct identification documents and serving papers to another party are conducted on your behalf. These actions alleviate stress during the process of divorce and ensure that your application is compliant with the Family Law Act.

If you choose to represent yourself in court (also known as being an “unrepresented litigant”), you have the same duties and responsibilities as a lawyer. Your obligation will be to conduct research on your subject, get the necessary tools, and handle every aspect of your case. This is an immense undertaking and you must be aware of this.

The family and divorce lawyers at BSM Sydney Lawyers know your rights and entitlements and will ensure that you receive all that you are entitled to under the Family Law Act 1975. The divorce lawyers at BSM Law work hard to settle your divorce as quickly and efficiently as possible. Most importantly striving to avoid expensive and protracted court appearances, thus saving you time and money. We are proud of the fact that over 95% of our divorces are settled without the need to attend court.

What is Divorce?

In Australia, divorce is the formal ending of a marriage. It is regulated by the Family Law Act 1975 (Cth) (‘the Act’) and granted by the Federal Circuit and Family Court of Australia (‘Court’). The legislation describes the legal basis of divorce as being an ‘irretrievable breakdown’ of the marriage, which is established by a continuous period of separation for at least 12 months. Applying for a divorce does not resolve issues relating to property settlement, parenting arrangements or financial support, as these matters are dealt with separately. Once a divorce is finalised by the Court, it becomes official and legally acknowledged one month and one day after the date of the divorce order.

The Divorce Process

If you have decided that your marriage has irretrievably broken down and that there are no prospects of the relationship resuming with your spouse, an application for divorce can be commenced in two ways:

1. Filing a sole application for divorce (commenced by one party to the marriage).
2. Filing a joint application for divorce (commenced by both parties to the marriage).
3. Applications for a divorce must be filed and sealed orders obtained via the Commonwealth Court’s Portal. If you are filing a divorce application independently, you will need to register for the Commonwealth Courts Portal. If you are using a lawyer, they will assist with the application form and file it.

Sole Application

In a sole application you will be required to serve the Divorce Application on your former spouse. Service refers to the delivering of Court documents to another person to comply with the Court’s process and make sure that the person being served has received the documents. There are a number of requirements associated with the serving of documents relating to an Application for Divorce. You are required to provide your spouse with:

1. The Application for Divorce
2. A Marriage, Families and Separation brochure
3. The Affidavit for filing to be signed by your spouse, and
4. All other documents that you have filed at the time of the application for divorce, this includes the Marriage Certificate and any affidavits.

If you apply for a divorce it is important that you understand that you cannot serve the respondent (your former spouse) to your application personally. If you are not legally represented and are applying for a divorce, you will require someone to attend to service of the documents for you. This can be done through the arrangement of process server or an adult over the age of 18 who may carry out the service. If a lawyer is handling the divorce, they will organise this process.

Prior to June 2025 sole applicants were required to attend the divorce hearing if there was a child under the age of 18. This is no longer the case. You now do not need to attend court if you are a sole applicant and have a child under 18 yrs provided the other party does not object.

Joint Application

A joint application does not require personal service of the Divorce Application on either party as the parties complete the application together. You also have the option to attend or not attend the hearing.

Court Hearing

Following the filing of an Application for Divorce, you will receive a date for a hearing. A hearing can fall anywhere between 6 to 8 weeks following the date of filing. This time may increase if there is a backlog in the court system. Parties to the hearing will be provided with further details about the hearing closer to the hearing date. Attendance at a hearing may or may not be required depending on the circumstances of your divorce application.

If you have engaged a lawyer to handle your divorce, they can attend the hearing on your behalf.

Divorce Order

A divorce order will be granted where the Registrar or Judge is satisfied that all the legal requirements of divorce have been met. The divorce order will legally terminate your marriage. Divorce orders are completely finalised one month and one day after the order is made. Courts no longer issue hard copies of divorce orders, however a copy of your divorce order will become available via the Court’s portal. This can be accessed by either you or your lawyer.

Depending on the kind of application you choose, our family lawyers will guide you through each step of the divorce application. Legal requirements such as providing correct identification documents and serving papers to another party are several things our family lawyers will handle on your behalf. This assistance can alleviate stress during the process of divorce and ensure your application is compliant with the Family Law Act 1975 (Cth). For a detailed discussion on divorce, see our article on Divorce in Australia.

Considerations Prior to Divorce

Before submitting any application to the Court, it is important to consider the following factors:

1. In Australia, you must have been separated for a total period of 12 months to be eligible to file for a divorce. This separation period can be interrupted once for less than 3 months, without having to restart another continuous period.
2. You need to provide a copy of your marriage certificate. If the Marriage Certificate is not in English or your marriage certificate was issued from another country, your marriage certificate may need to be translated by an NAATI-certified translator and accompanied by an affidavit of translation filed with the Court.
3. If there are children under the age of 18 to the marriage, you will need to provide the Court an explanation of the specific parenting arrangements of the children.
4. If you and your spouse have lived under the same roof during any part of the separation period, you will need to file an affidavit explaining the nature of the separation and how you maintained separate lives despite living together.
5. Your financial and parenting orders should be completed prior to applying for divorce. Notably, Section 44 of the Act requires all parties to a marriage to commence property settlement proceedings within 12 months of the divorce order taking effect. If this time limit expires, you will need to seek the Court’s permission (leave of the Court) to proceed with a property settlement, which may only be granted in some circumstances.
6. As of 1 July 2024, a filing fee payable to the Court of $1,100.00 will apply for a Divorce Application.

Changes in Divorce since 2025

1. Previously : Parties to a marriage that lasted less than two years were required to attend counselling and apply for permission (known as seeking leave) from the Court before filing for a divorce. Now, there is no need for parties to provide a counselling certificate, (also known as a s601 certificate), or apply for permission from the Court when submitting their divorce application.
2. Previously : With respect to divorce applications with an absent party, the courts considered conditions such as the presence of children under 18 yrs or an objection from another party. Now, sole applicants for a divorce do not need to appear in court, even if there are children under 18 yrs involved. For this to occur, the other party must not object.
3. Previously : Divorce proceedings could be effective prior to the implementation of proper parenting arrangements. Now, official parenting arrangements must be in place before divorce proceedings that include children under 18 yrs can occur.

How long till I get my divorce Order?

Each case is different, and the time it takes to finalise a divorce can vary depending on the Court’s workload and the complexity of the case. However, on average, most divorces are finalised within two to three months of filing, provided there are no complications or delays.

How can BSM Sydney Lawyer assist you?

Brander Smith McKnight Lawyers have a team of family lawyers who have extensive experience with divorce proceedings. We pride ourselves on achieving an over 95% settlement rate without having to attend court. This saves you a great deal of money, time and stress. Our family lawyers are well equipped to guide you through each step of the divorce process with compassion and efficiency. We take away the complication of forms and can advise you on exactly what you need to complete your divorce. BSM Sydney Lawyers offers cost and time effective family law services that make the process as smooth and stress free as possible. Our family lawyers provide a free 20-minute consultation to help you understand your options and determine the best path forward.

FAQs

BSM Lawyer Sydney have offices conveniently located in Sydney CBD, Sutherland, Parramatta, Shellharbour and Wollongong.