Divorce Law

Should I get a divorce?

If you’re thinking about separation, it’s a good idea to speak with a lawyer early.

You don’t have to wait 12 months to get advice. While that’s the timeframe required to apply for divorce, many important matters — like parenting arrangements and property settlement — can be addressed much sooner.

Getting the right guidance early can help you avoid confusion, reduce stress, and make confident decisions.

Understanding Divorce Law in Australia

No-Fault Divorce

Australia has a no-fault divorce system. The Court does not consider who was responsible for the breakdown of the relationship. Instead, the only ground for divorce is that the marriage has broken down irretrievably.

To apply for divorce, you and your spouse must have been separated for at least 12 months before filing your application. Separation does not always mean living in different homes. It is possible to be considered separated while continuing to live under the same roof, provided there is evidence that the relationship has ended.

Importantly, divorce is only one part of the separation process. Parenting arrangements, property settlement, child support and financial agreements are separate legal issues and can often be addressed well before a divorce application is filed.

Understanding how these matters work together allows you to make informed decisions, avoid unnecessary delays and move forward with greater confidence.

WHAT WE DO

Separation Services

You don't need to wait until your divorce is final before resolving your financial affairs. In most cases, property settlement can begin as soon as separation occurs.

Division of Property (Assets & Liabilities)

Whether your asset pool includes the family home, investment properties, businesses, trusts, superannuation or overseas assets, we provide practical advice to help you achieve a fair and legally binding outcome. Wherever possible, we work to resolve property matters through negotiation, helping clients avoid unnecessary conflict, delay and legal costs.

At THAMS Law Group, we help clients navigate every stage of separation by providing practical advice across:

  • Property Settlement

  • Parenting Arrangements

  • Child Support

  • Binding Financial Agreements

  • Divorce Applications

Our team works to ensure each part of your matter is considered together, reducing unnecessary delays and helping you move forward with greater certainty.

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Parenting Arrangements

When children are involved, nothing matters more.

When children are involved, divorce is only one part of the separation process. Parenting arrangements deal with where children live, how they spend time with each parent and how major decisions about their care are made.

These arrangements can often be resolved by agreement, through a Parenting Plan or Consent Orders, without a final court hearing. If agreement cannot be reached, we help parents prepare for court proceedings with the child’s best interests as the central focus.

Parenting arrangements should give children stability, certainty and the opportunity to maintain meaningful relationships where it is safe and appropriate.

We help parents resolve arrangements by agreement where possible, including through Parenting Plans and Consent Orders. Where agreement cannot be reached, we provide clear advice and court representation focused on the child’s best interests.

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Binding Financial Agreements

Binding Financial Agreements allow couples to formalise financial arrangements before, during or after a relationship. They provide clarity about how assets, liabilities and financial responsibilities will be managed if circumstances change, helping to reduce uncertainty and future disputes.

Whether you're protecting existing assets, business interests, inheritances or future wealth, we prepare Binding Financial Agreements that comply with the legal requirements and are tailored to your individual circumstances.

Binding Financial Agreements are no longer used only before marriage. They can also be entered into during a relationship or after separation to provide certainty and formally resolve financial matters without court intervention.

Obtaining independent legal advice before signing a Binding Financial Agreement is essential. We help clients understand their rights, protect their financial interests and prepare agreements that provide long-term confidence.

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Conscious Uncoupling

Conscious uncoupling might sound like a buzzword, but it’s grounded in a respectful approach to ending a relationship, especially when children are involved. It’s about minimising conflict, emotional damage, and making sure both parties can move forward without lingering resentment.

In Australia, this aligns with the "no-fault" divorce system, where the focus is on resolving the practical aspects of separation rather than pointing fingers. THAMS Law Group will guide you through this process, ensuring dignity and respect are maintained throughout if you do consider a divorce application.

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Divorce Law, Handled with Care.

At THAMS Law Group, we know that separation is never just legal — it’s deeply personal. That’s why we approach every matter with empathy, clarity, and care.

Our experienced family lawyers in Sydney and Brisbane are here to simplify the process, reduce the stress, and ensure you feel supported and informed at every stage.

Whether you’re navigating parenting, property, or preparing to apply for divorce — we’re with you, every step of the way

FAQs

  • No. While you generally need to be separated for at least 12 months before applying for divorce, you should obtain legal advice as early as possible. Property settlement, parenting arrangements and financial matters can often be addressed well before a divorce application is filed.

  • Yes. It is possible to be legally separated while continuing to live in the same home. The Court will consider whether the marital relationship has ended and whether there is sufficient evidence to establish that you have been separated for the required period.

  • No. Divorce legally ends your marriage, while property settlement deals with dividing assets, liabilities and financial interests. They are separate legal processes and should be considered independently.

  • Many divorce applications are dealt with without either party attending court, particularly where the application is made jointly and there are no disputes. If attendance is required, we'll explain the process and represent your interests where necessary.

  • You can generally apply for divorce once you have been separated for at least 12 months. Before applying, it's important to understand how divorce fits alongside property settlement, parenting arrangements and other family law matters to ensure nothing is overlooked.