Divorce, Separation and Annulment of Marriage In Sydney
Navigating your Divorce or Separation with Expert Family Lawyers
At Dorter Family Lawyers & Mediators, we know divorce, separation, and annulment can be emotionally and legally challenging. Our accredited family law specialists provide clear, compassionate, and strategic advice tailored to your situation whilst handling your matter efficiently and cost effectively. Whether dissolving a marriage, formalising a separation, or seeking an annulment, we guide you with deep knowledge of the Family Law Act and court processes. Committed to professionalism, confidentiality, and cost-effective solutions, we ensure the highest standard of care and representation at every stage.
Some may be unaware of complicating factors in a divorce, which, when managed with expertise, can enable a smooth and cost-effective process.
Talk to our expert family lawyers today – Book a confidential consultation or call (02) 9929 8840.
Divorce & Separation | FAQs
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Divorce is different to a separation. A divorce is the formal process to dissolve a marriage officially, whereas separation is considered the end of your relationship (including same-sex and/or de facto relationships).
Applying for a Divorce is usually straightforward and involves filing an Application for Divorce in the Federal Circuit and Family Court of Australia.
There are no formal applications to end your relationship. However, you can separate and proceed with a property settlement or making arrangements for your children without first obtaining a divorce.
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Divorce refers to the formal legal cessation of a marriage. However, this does not cover matters of property settlement, spousal financial support or parenting arrangements as these are distinct legal avenues. Importantly, divorce is necessary if one or both of the parties intend to remarry. However, you can remain technically married but live separate lives. However, choosing to remain married following separation may carry certain legal obligations. As such, seeking legal advice is highly advisable before pursuing either course of action.
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Divorce in Australia is a Family Law Matter, falling within the jurisdiction of the Family Law Act 1975. To be eligible to apply for a divorce in Australia, you must first satisfy several criteria stipulated within the Act:
Either you or your spouse must be an Australian citizen, or you or your spouse must have lived in Australia for 12 months prior to applying
You and your spouse need to have been separated for 12 months
You need to demonstrate that your marriage has ‘irretrievably broken down’
Appropriate arrangements have been made to ensure that any child of your relationship will be cared for
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Following the legalisation of same-sex marriage in Australia in 2017, same-sex couples have the same legal entitlements and requirements as heterosexual couples for the purposes of divorce, property settlement and child support arrangements. As such, married same-sex couples will have to satisfy identical criteria (12 months of separation, proving an irretrievable breakdown of the marriage, etc.) when applying for divorce in Australia.
Overseas same-sex marriages
Amendments made to the Family Law Act following same-sex legalisation has meant that all same-sex marriages officiated outside of Australia, before the amendments were implemented, are legally recognised within Australia. Accordingly, any same-sex couple who married overseas prior to 2017 can apply for divorce within Australia. -
No, you do not require consent from your spouse to obtain a divorce if you wish to make an application. However, the process is simpler if both parties agree to obtain a divorce.
Because divorce falls within the jurisdiction of the Federal Circuit Court and Family Court of Australia, you will need to eFile your application using the Commonwealth Courts Portal online form. You may prepare the online form by yourself, jointly with your spouse, or you may solicit a divorce lawyer or family lawyer to prepare it on your behalf. However, the form will be different, depending on the type of divorce application.
However, it is always advisable to seek out legal advice and assistance from family law specialists before beginning divorce proceedings.
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For marriages of less than two years there is an additional legal requirement that you and your spouse attend a mediation session with a family counsellor in order to obtain a counselling certificate, provided it is safe to do so. You may seek the Court’s permission to apply for divorce without a marriage counselling certificate by submitting an affidavit when filing your application.
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Before you can begin your application you will first need to register with the Commonwealth Courts Portal.
The application itself involves several steps, including uploading relevant documentation. This includes:
Marriage certificate
Signed affidavit
Australian citizenship certificate or passport
Family counsellor certificate or affidavit
Additional information that will depend on your particular situation
Once the required documents have been uploaded, you will need to print the Affidavit for eFiling Application (Divorce) which will then need to be signed by you (and your spouse if being filed jointly) before a lawyer or Justice of the Peace. The signed affidavit will then need to be uploaded.
After this you will need to download and read the Marriage Families and Separation brochure.
Finally, you will be required to pay a filing fee after which your application will be officially lodged and you may select a court date (even if you are not required to attend).
If filed solely, you must serve a copy of the application, along with supporting documentation, to your spouse. Joint applications still require both parties to provide a copy of the application and documents to one another for their records.
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Yes. Most Alternative Dispute Resolution (ADR) options—such as mediation, collaborative practice, and arbitration—are confidential processes, allowing you to resolve property and financial matters discreetly and without the stress of public hearings. These methods not only protect your privacy but also give you greater control over the outcome compared to litigation.
While Court proceedings in the Federal Circuit and Family Court of Australia include privacy safeguards, judgments may still be published in anonymised form and hearings are generally not fully confidential. If maintaining confidentiality is a priority, we strongly recommend exploring ADR pathways first. At Dorter Family Lawyers & Mediators, we are highly experienced in private dispute resolution and work with accredited mediators, collaborative practitioners, and senior arbitrators to ensure your matter is handled with discretion and professionalism.
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Whilst your former spouse does not require your consent to obtain a divorce, there are specific circumstances where a divorce can be contested. You will be required to file a Response within 28 days of being served the divorce application.
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No, the Australian Family Law jurisdiction is a ‘no-fault’ system which means it is not necessary to find a reason to obtain a divorce. You may simply seek one if your marriage as irretrievably broken down and you are eligible to do so.
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Attending divorce hearings are only necessary under certain circumstance, including:
Your indication in the application that you wish to attend
The respondent files a Response to Divorce objecting to the application
You have filed a sole application for divorce and there is a child of the marriage during this time
While not strictly necessary, it is advisable that you attend your divorce hearing in the event that you are required to supply supplementary affidavit documents to support claims of separation under the same roof or divorce occurring less than two years after the marriage commenced.
Finalising your divorce
After being granted a divorce order at the conclusion of your divorce hearing, your divorce will be legally finalised one month and one day later.
Want more information? Learn more about the divorce process provided by the Court here and stay up to date with divorce information here.
Marriage Annulment and Nullity in Sydney
If you’re seeking advice from a marriage annulment lawyer in Sydney, it’s important to understand how annulment differs from divorce. Rather than ending a legally valid marriage, an annulment asks the Court to determine whether the marriage was invalid or void from the outset. This process is sometimes described as marriage nullification, although the legal issue is whether the marriage is null and void under Australian law.
Questions often arise about religious annulment vs civil annulment. A religious annulment is governed by the requirements of a particular faith, while a civil annulment is determined by the Court under the Family Law Act. If you are concerned about an invalid marriage, a void marriage, or whether an annulment may apply to your circumstances, obtaining strategic legal advice can help you assess your position with clarity and confidence.
Sydney Family Law Team.
Led by Rebekah Dorter and our senior partners, our team consists of accomplished professionals who are not only highly knowledgeable in their respective fields of family law but also deeply committed to delivering exceptional results.
Annulment Of Marriage
In some circumstances you may require an annulment. If the marriage should not have occurred in the first place, you may seek an order that the marriage is null and void. This process formally invalidates the marriage which is different to a divorce that formally terminates the marriage.
There are specific grounds which must be met to obtain an annulment including not being “of age”, lack of consent, type of marriage or legality of the marriage ceremony.
As the Family Law system is a “no fault” system, the Federal Circuit and Family Court of Australia would not annul a marriage for reasons such as non-consummation, infidelity, or lack of cohabitation.
At Dorter Family Lawyers & Mediators in Sydney, our family law specialists are highly experienced to advise and assist you with an application for annulment.
Whether you have questions about separating or you need support during the process, our Sydney divorce lawyers are here for you. We can help resolve property, parenting and financial matters. Call us today on (02) 9929 8840 or book a consultation online today.
Annulment Of Marriage | FAQs
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A marriage annulment is a legal designation that renders a marriage null and void – making the marriage invalid, as if it had never happened. This differs from divorce in that a divorce still recognises that the marriage had taken place.
In Australia, an annulment of marriage falls within the jurisdiction of the Family Law Act. Accordingly, a Decree of Nullity must be issued by the Family Court of Australia to formally recognise that the marriage was invalid from the start.
The process for an annulment of marriage is very different to that of divorce. But similar to divorce, marriage annulment does not cover property settlement, parenting arrangements and child support matters.
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To be eligible for an annulment in Australia either you or your spouse must satisfy one of the following:
Be an Australian citizen
Live in Australia and consider Australia your permanent home
Ordinarily live in Australia and have done so for at least 12 months prior to applying
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The Family Court of Australia may move to nullify a legal marriage on the following grounds:
One of the parties had already entered into a legally valid marriage with someone else at the time of the marriage. Otherwise known as bigamy
The marriage represents a prohibited relationship, including marriage between siblings and direct relatives
The marriage ceremony failed to adhere to laws of the jurisdiction in which it took place, such as using an unauthorised marriage celebrant
Either party was a minor (under 18) at the time of marriage
Either party did not give genuine consent to enter into the marriage. This may be because either party’s consent was solicited by duress or fraud, or mistaking the identity of the person they were marrying, or because one party did not have the mental capacity to understand the nature of the marriage ceremony.
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When applying for an annulment on the grounds of forced marriage where coercion, fraud, threat, or mental handicap was instrumental in soliciting consent, severe legal consequences such as imprisonment may follow as these circumstances fall under Criminal Law.
Bigamy, too, carries a maximum penalty of 5 years’ imprisonment under the Marriage Act. However, the defence of genuine belief of spousal death or spousal absence of a minimum 7 years may be brought forward.
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In order to receive a Decree of Nullity from the Family Court of Australia, you must complete several key steps.
Apply for Decree of Nullity
To apply for a marriage annulment, you must complete and file 3 copies of the Initiating Application form. With this you must include a marriage certificate and an affidavit outlining both the facts relied upon for the marriage annulment, and details of the marriage ceremony that took place.
A court filing fees apply. You can find more information here. However, a reduced cost may be available to holders of government concession cards or those who can prove financial hardship.
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The application for annulment (along with a copy of the Marriage, Families and Separation brochure, Affidavit of Service form and Acknowledgement of Service form) must then be personally served to the respondent (your spouse) by someone other than the applicant. This is commonly carried out by a lawyer. It’s also acceptable to serve this via post or electronic transmission, however, the respondent will need to sign an acknowledgement of service.
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The respondent may choose to contest the application by filing a Response to Initiating Application form with an affidavit supporting their reasoning for opposing the application for annulment.
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Depending on the whereabouts of the respondent, a hearing date will either be set within 42 days of the application if they are within Australia, or within 56 days if the respondent is outside Australia. If the Court accepts the grounds for annulment and issues a Decree of Nullity, the marriage will immediately be considered invalid.
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The Catholic Church does not acknowledge civil divorce and the State’s ability to dissolve a marriage. Because of this, The Catholic Church will not recognise re-marriage by any divorced person while their former spouse is still living. In light of this, any person who wants to remarry within the Catholic Church will have to be granted an annulment by a Catholic Church Tribunal, officially decreeing the marriage annulled in the eyes of the Church.
However, Catholic Church annulments are not regarded as a legal annulment under the law of Australia, meaning legal re-marriage will not be possible until a Decree of Nullity has been issued by the Federal Circuit and Family Court of Australia.
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Discover our latest articles on divorce or separtion & annulment of marriage. From understanding your legal rights to practical guidance for moving forward, these insights are written to give you clarity and confidence during challenging times.
