Divorce & Separation
Ending a relationship is emotionally and legally complex. Our family law team provides straightforward guidance, firm representation and practical outcomes across the Northern Beaches, Parramatta and Wollongong. We help you separate issues into the right streams — divorce application, parenting arrangements, property settlement and spousal maintenance — so each moves forward efficiently.
Helping You Navigate Divorce and Separation with Compassion and Clarity
Understanding Divorce and Separation in NSW
In Australia, separation and divorce are distinct legal processes. Separation occurs when a couple decides to end their relationship, whereas divorce is the legal termination of a marriage. You must be separated for at least 12 months before applying for divorce in New South Wales. We can help you understand your rights and obligations at every stage, including parenting, property, and financial matters.
For official legal guidance, visit Federal Circuit and Family Court of Australia.
How We Can Help You Navigate Divorce & Separation
At MCB Lawyers, we understand that every family situation is different. Our goal is to help you make informed decisions with confidence and peace of mind.
- Divorce applications (sole and joint)
- Legal advice about separation in de facto or married relationships
- Parenting arrangements and child custody matters
- Property settlements and financial division
- Spousal maintenance and financial support
- Binding financial agreements and separation agreements
- Divorce without court representation (for amicable parties)
- Representation in Family Court proceedings when necessary
Why Choose MCB Lawyers
✔ Local knowledge – we’re based in Manly, servicing the Northern Beaches and Wollongong
✔ Decades of experience in NSW family law
✔ Clear and practical legal advice tailored to your circumstances
✔ Supportive, empathetic, and responsive team
✔ Affordable and transparent legal fees
✔ Assistance with both court-based and alternative dispute resolution options
We’re committed to helping you resolve your matter quickly, fairly, and with dignity.
Clear, practical advice on divorce & separation
Parenting, property & maintenance — serving the Northern Beaches, Parramatta & Wollongong.
Frequently Asked Questions
What is the process for filing for divorce in Australia?
In Australia, you can apply for a divorce if you’ve been separated for at least 12 months and there’s no reasonable chance of reconciliation. You’ll need to file an application with the Federal Circuit and Family Court of Australia, which can be done online. If there are children under 18, the court will also need to be satisfied that proper arrangements have been made for them.
How is property divided during a divorce?
Property division in a divorce is based on a fair and equitable distribution, not necessarily an equal split. The court considers factors such as the length of the marriage, financial and non-financial contributions, future needs, and the welfare of any children involved. It’s often beneficial to reach an agreement through negotiation or mediation before going to court.
How long does it take to finalise a divorce?
Once you file for divorce, it usually takes about four months to finalise, assuming there are no complications. This includes a one-month waiting period after the court grants the divorce order.
Can I get spousal maintenance after a divorce?
Yes, spousal maintenance may be granted if one party cannot adequately support themselves and the other party has the capacity to pay. The court considers factors such as age, health, income, and the ability to work. It’s advisable to seek legal advice to understand your eligibility and the process involved.
What is a parenting plan, and do I need one?
A parenting plan is a written agreement between parents outlining how they will raise their child after separation. It covers aspects like living arrangements, education, and healthcare. While not legally binding, it can be made so through a court order. We can help you create a plan that works for your family.
How can I protect myself financially during a separation?
It’s important to gather financial documents, understand your assets and liabilities, and consider opening separate bank accounts. We can provide guidance on securing your financial future during this time.
What if my ex-partner isn’t following the custody agreement?
If your ex-partner isn’t complying with the custody arrangement, you may need to seek legal assistance to enforce the agreement. We can help you explore your options and take the necessary steps to ensure compliance.
What is spousal maintenance, and who is eligible?
Spousal maintenance is financial support provided by one spouse to the other post-separation. Eligibility depends on one party’s inability to support themselves adequately and the other party’s capacity to pay.
Can I relocate with my child after separation?
Relocating with a child post-separation requires consent from the other parent or a court order. The court considers the best interests of the child, including the impact on their relationship with both parents.