Separation & Divorce Sydney

Your Family Lawyers Through Separation and Divorce

A relationship ending is difficult enough without the legal process making it harder. Sydun & Co’s Sydney divorce and separation lawyers provide calm, practical advice so you understand where you stand, what needs to happen next and the options available to you.

We assist people leaving marriages and de facto relationships, including same-sex relationships, with divorce, parenting, property and financial matters. Wherever possible, we focus on resolving matters through negotiation and mediation, with experienced court representation when it is needed.

Sydun & Co Family Law Services

What To Expect From Us

From your first meeting, we take the time to understand your circumstances, priorities and concerns. We then explain your options clearly and help you develop a practical way forward.

We can manage negotiations, mediation, legal documentation and, where necessary, court proceedings on your behalf. Throughout the process, our focus is on protecting your interests, reducing unnecessary conflict and making you an integral part of the decision making process.

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

  • Clear, Practical Legal Advice
  • Complex Property & Financial Matters
  • Child-focused Parenting Advice
  • Negotiation & Mediation
  • Court Representation When Required
  • Discreet & Confidential Service
  • Clear Communication Throughout
  • Ongoing Support
  • Property Settlement

    Identifying and dividing property, debts, superannuation, businesses and other financial interests, through agreement or court proceedings where required.

  • Parenting Arrangements

    Practical arrangements for children, including where they live, time with each parent, decision-making, parenting plans and court orders.

  • Mediation & Negotiation

    Resolving disputes outside court wherever possible, with clear advice about your rights, options and proposed agreements.

  • Binding Financial Agreements

    Formalising financial arrangements before, during or after a relationship where a binding agreement is appropriate.

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

A Clearer Way Forward

Separation can feel overwhelming, particularly when children, finances and the family home are involved.

We give you clear advice, explain the practical options available and help you work towards an outcome that protects your interests without creating unnecessary conflict.

  • Understand Your Position: Know your rights, responsibilities and the immediate steps you may need to take.
  • Set Your Priorities: Identify what matters most, including children, property, finances and your future arrangements.
  • Resolve Where Possible: Use negotiation and mediation to reach practical agreements without unnecessary court proceedings.
  • Act When Necessary: Where agreement cannot be reached, we can prepare documents and represent you through the court process.

What is the Difference Between Separation and Divorce?

Separation and divorce are not the same thing. Separation occurs when a relationship ends. Divorce is the legal process that formally ends a marriage.

You do not need to wait for a divorce to deal with parenting arrangements, property or financial matters like “what happens to the family business” or “how to deal with corporate structures or trusts.” These issues can usually be addressed from the time you separate with the help of a competent and experienced solicitor.

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

  • Separation: The relationship has ended, even if you continue living under the same roof. Separation applies to married and de facto couples, including same-sex couples.
  • Property & Financial Matters: Property, debts, superannuation and other financial matters can be addressed after separation without waiting for a divorce. Time limits may apply.
  • Divorce: The legal end of a marriage. You can apply for divorce after the required separation period, provided the relevant eligibility requirements are met.
  • Parenting: Arrangements for children can be addressed from separation, as soon as 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.