SYDUN & CO SOLICITORS

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Separation & Divorce Sydney

Your Family Lawyers Through Separation and Divorce

After a relationship breakdown, you need clear advice, practical solutions and a way forward that enables you to finalise the relationship and build for your future. Sydun & Co help people across Sydney understand the legal process, implement the next steps and deal with the issues that arise from separation or divorce in a way that does not make an already difficult period harder.

We assist people leaving marriages and relationships, (whether de facto or same-sex relationships), with the same calm, practical approach. Depending on your circumstances, that may involve a divorce application, parenting arrangements, property and financial matters which are dealt with by negotiation and mediation and, if needed, by court representation.

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Sydun & Co Family Law Services

What To Expect From Us

During your first visit, we take the time to listen to you, take detailed instructions, analyse the initial case presented and develop an understanding of your needs in order to advise you on the best possible legal approach.

We will handle all legal issues that arise including offering you professional advice, entering into negotiations and/or mediation as appropriate and, if the matter does not resolve, we will attend to the collation of evidence, drafting and filing of Court documents and representing you in defended Court proceedings. We are client focussed, engaged and committed to advocating for you and protecting your interests.

We work with couples to a marriage, de facto and same-sex relationship who are undergoing assisted fertility procedures or contemplating surrogacy as well as children’s issues, parenting orders, binding child support agreements, spousal maintenance and property entitlement.

Call 02 9283 2355 to talk with a Sydney based family law solicitor today!

  • Measured Advice
  • Expertise in Complex Property & Financial SettlementsRegistration Guidance
  • A Child-Centric Approach
  • Strong Local Knowledge and Court Familiarity
  • A Focus on Negotiation, Dispute Resolution & Mediation
  • Transparent Fee Structures
  • Utmost Discretion and Confidentiality
  • Unwavering and Ongoing Support
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  • Property settlement: Identifying assets and liabilities of the marriage/relationship including assets owned by one party alone and interests held in businesses, corporate or trust entities, compliance with the obligation to disclose, considering contributions and future needs, negotiating terms and formalising an agreement where appropriate.
  • Parenting arrangements: Working through living arrangements, time with each parent, decision making and developing a parenting plan with a focus on the best interests of the child and in the absence of agreement, seeking court orders where needed.
  • Mediation: Resolving disputes outside the court process where safe and appropriate to do so, within a clear, legal framework.
  • Binding Financial Agreements: Preparing agreements to deal with financial matters outside a court-made property order and advising whether this option suits your circumstances.

Testimonials

What our clients say about our
services and expertise.

David Taylor

Corporate Client

I have utilised the services of Sydun & Co repeatedly whenever I have needed advice and counsel related to employment matters and I could not be happier with the services from Victoria, Michael and the team.

Greg Bailey

Commercial Law Client

Michael (and his team) knows commercial laws inside out and his advice often shows a high level of honesty and strong moral principles. We are very pleased with the result. Highly recommend.

S Family

Conveyancing and estate matters

Victoria and the team at Sydun and Co have been handling our conveyancing and estate matters for a number of years. I can highly recommend them and have referred them to other family and friends.

T

Local court proceedings

Thank you Victoria for all the great work in helping us achieve the right result. Sometimes things don’t always go the way you want them to, but having the right people on your side certainly made a difference to S and I.

Divorce Lawyers In Your Corner

Legal Support that is Calm & Supportive

A Sydney divorce lawyer’s primary role is to guide individuals through the legal process of marriage or relationship breakdown within the Federal Circuit and Family Court of Australia (FCFCOA) to finalise the separation and deal with the issues arising from the separation. They manage the strict procedural requirements of obtaining a divorce, while also providing broader family law services to resolve financial matters, property settlement and parenting disputes.

As separation involves more than just obtaining a Divorce Order, most Sydney divorce lawyers also act as family law specialists to resolve related matters. Additional Family Law Services provided include:

  • Property settlement: Identifying assets and liabilities, considering contributions and future needs, negotiating terms and formalising an agreement where appropriate.
  • Parenting arrangements: Working through living arrangements, time with each parent, decision-making, parenting plans and court orders where needed.
  • Mediation and negotiation: Resolving disputes outside court where safe and appropriate, while keeping your legal position clear.
  • Binding Financial Agreements: Preparing agreements to deal with financial matters outside a court-made property order and advising whether this option suits your circumstances.
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More Testimonials

What is the Difference Between Separation and Divorce?

We work with couples to a marriage, de facto and same-sex relationship in resolving children’s issues, parenting matters, binding child support agreements, spousal maintenance, financial matters and property entitlement. These matters can all be the subject of Court Orders or some other form of writing but may be subject to time limits.

Call 02 9283 2355 to talk with a Sydney based family law solicitor today!

  • Separation: The relationship or marriage has ended, even if you continue living under one roof. This applies to married and de facto couples, including same-sex couples.
  • Property and Financial Matters: This encompasses all financial matters including child maintenance, spouse maintenance and/or the division of relationship/matrimonial property including superannuation after separation without the need to wait for a divorce (if applicable).
  • Divorce **: The legal end of a marriage. Only parties to a marriage need to seek an order to terminate the legal relationship of marriage. You can apply for a divorce after the required separation period has passed and subject to the requirements of a short marriage.
  • Parenting: Arrangements for children can be addressed from the date of separation and as soon as practical decisions about their care need to be made.

** NOTE: Parties to a de facto or same-sex relationship who separate do not require a divorce but they do need to finalise any other matters arising from their relationship whether financial, property or parenting matters.

Frequently Asked Questions
on Separation & Divorce in Sydney

 

1. What Can I Do To Manage Stress in Separation/Divorce?

The critical steps for you are:

  1. Do not close the door to communication. No matter how hard it is to keep your cool or remain fair minded, your best chance of confining and resolving the dispute is to keep a line of communication open to your partner/spouse.
  2. Consult us once you have decided the breakdown or relationship issue cannot be solved by you but before you take an irrevocable step (such as moving out of the matrimonial home).
  3. Once you have an understanding of your legal position, you are armed with the knowledge to make sensible decisions about your entitlement or parenting rights and hence to consider what constitutes an acceptable compromise. 
  4. This enables you to take the next step and start negotiations. Your negotiations can be direct with your partner/spouse or with the direct involvement of lawyers by your side taking into account your individual needs.
  5. If agreement can be reached, this must be embodied in writing, in an appropriate form. In absence of any agreement, litigation becomes your only option. You will need legal advice and support that you can trust as this process can stretch from six months to several years. However, you need to keep your eyes on the big picture – most (not all) litigated matters will resolve prior to hearing.​

When there are disagreements in a relationship or a marriage, couples often lose their ability to communicate with each other. If that should happen you to live in Sydney or Surry Hills and need support from a Sydney lawyer who will both explain and advocate on your behalf in an effective fashion. There are many decisions on the breakdown of a relationship that will need to be made that could affect your income, finances, property and children.

These issues may seem challenging and uncomfortable but our experienced family law solicitors have a history of satisfied clients. We have a solid reputation for helping you understand your legal position, (both your obligations and your entitlements), addressing your short term and long-term needs and negotiating on your behalf with a view to achieving a resolution. In the alternative, if the matter cannot be resolved by agreement or your partner’s expectations are so unrealistic that there is no acceptable compromise, then we will act on your behalf in any disputed financial or children’s matter, in the Family Court or Federal Magistrates Court, as appropriate. 

It may be that our advice is needed at the commencement of a relationship in the form of a pre-nuptial agreement or associated estate or financial planning.

2. Do We Have to Live in Separate Houses to be Legally Separated?

No. Given the high cost of living and the Sydney property market, it is very common for couples to remain in the same house after separating. Under Australian family law, this is called “separation under one roof.”

You do not need to move out to start the clock on your separation. However, to be legally recognised as separated while living together, you must prove that the marital relationship has ended. This usually involves:

  • Sleeping in separate bedrooms.
  • Separating your bank accounts and finances.
  • Ceasing to do household chores (like cooking or laundry) for one another.
  • Telling family, friends, and government agencies (like Centrelink or Medicare) that you are separated.

Note: If you apply for a divorce later on, you will need to provide affidavits (sworn statements) from yourself and an independent witness to prove you were genuinely separated under the same roof.

3. How Long Do We Have to be Separated Before We Can Get a Divorce?

In Australia, you must be legally separated for a continuous period of at least 12 months before you can apply for a divorce through the Federal Circuit and Family Court of Australia.

The court uses this 12-month period as proof that the marriage has “irretrievably broken down” and there is no reasonable chance of you getting back together. You can officially file your divorce application on the day that marks 12 months and one day from your date of separation.

4. Do De Facto And Same-Sex Couples Follow The Same Pathway?

Yes. The legal pathway depends on whether you were married or in a de facto relationship, not whether the relationship was opposite-sex or same-sex. Married couples may need to apply for divorce, while de facto couples do not. Property, financial and parenting matters may still need to be resolved after separation.

5. Does it Matter Whose Fault the Breakup Was?

No. It is natural to feel hurt or wronged during a separation, but the legal system does not take those feelings into account. Australia has had a “no-fault” divorce system since the Family Law Act was introduced in 1975.

This means the court will not listen to, or care about, the reasons why the marriage ended—whether it was due to infidelity, arguing, or simply falling out of love. The only ground for divorce is the 12-month separation. The court’s primary focus is simply processing the legal end of the marriage, dividing assets fairly, and ensuring children are protected.

6. Does Getting a Divorce Automatically Split Our Assets and Sort Out Child Custody?

No, and this is a very common misconception. A divorce is simply the legal piece of paper that ends your marriage, allowing you to remarry in the future if you choose to.

Property settlements (dividing your assets and debts) and parenting arrangements (child custody) are handled as entirely separate legal processes.

  • You don’t have to wait: You can, and often should, start negotiating your property and parenting arrangements the moment you separate. You do not need to wait for the 12-month divorce mark.
  • The ticking clock: Once your divorce is officially granted, a strict 12-month time limit begins. You have exactly one year from your divorce date to finalize your property settlement or apply to the court for financial orders.
7. Will Our House and Money Just be Split 50/50?

Not necessarily. There is no automatic 50/50 rule for dividing assets in NSW or anywhere else in Australia.

When determining a property settlement, the law requires the outcome to be “just and equitable” (fair). To figure out what is fair, the court looks at a holistic picture, including:

  • The Asset Pool: The total value of your shared and individual property, superannuation, businesses, and debts.
  • Contributions: The financial contributions (who earned what, inheritances) and non-financial contributions (who raised the children, who maintained the home) made by both parties. The court views raising children and earning an income as equally important.
  • Future Needs: The future needs of both individuals, taking into account their age, health, earning capacity, and who has primary care of the children moving forward.
8. Do We Have To Go To Court After Separation?

Not always. Many parenting and property matters can be resolved through negotiation or Family Dispute Resolution without going to court. Court proceedings may be required where agreement cannot be reached, the matter is urgent, or there are safety concerns.