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 operates under a no-fault divorce system, which means the court does not consider why the marriage ended — only that it has broken down irretrievably. This helps keep the process more neutral and less confrontational.

In Australia, you can apply for a divorce once you’ve been separated from your spouse for at least 12 months. This separation doesn’t have to mean living in different houses—you can still be considered separated while living under the same roof, but the court will ask for extra proof. If that’s your situation, don’t worry—we’ll help you through every step, making the process clear and stress-free.

If you’ve been married for less than two years, you’ll generally need to attend counselling and provide a certificate to the court before applying. If counselling isn’t possible, we can help you seek special permission to proceed.

Divorce is only one part of the process. It legally ends your marriage — but it does not determine how your assets are divided, or how your children are cared for. That’s why it’s essential to speak with a lawyer early.

WHAT WE DO

Separation Services

Division of Property (Assets & Liabilities)

You don’t have to wait for your divorce to be finalised to begin dividing your property. In fact, the sooner you start, the better.

When a relationship ends, all assets and liabilities are considered part of the property pool — including the family home, superannuation, cars, investments, businesses, debts, and personal belongings. It doesn’t matter whose name they’re in. Property settlement is about working out a fair and equitable division based on your individual contributions and future needs.

Superannuation and pensions are treated as property under family law, which means they can be split between partners as part of a property settlement — even if they’re not yet accessible. We help you understand your entitlements and ensure your financial future is protected.

At THAMS Law Group, we help you:

  • Understand what you’re entitled to

  • Identify and value assets and liabilities

  • Negotiate fair outcomes

  • Avoid unnecessary court proceedings

Our approach is practical, strategic, and always designed to minimise conflict while protecting your long-term financial wellbeing.

Parenting Arrangements

When children are involved, nothing matters more.

When a relationship ends, one of the biggest concerns for parents is what will happen with the children — where they’ll live, how time will be shared, and how important decisions will be made.

In Australia, the law focuses on the best interests of the child. That means making sure children are safe, supported, and able to maintain meaningful relationships with both parents, where appropriate.

At THAMS Law Group, we help separating parents work through these questions and establish parenting arrangements that are fair, workable, and child-focused. These arrangements can cover things like:

  • Living arrangements

  • Time spent with each parent

  • Parental responsibility

  • Schooling, healthcare and major decisions

You don’t need to go to court to make a parenting arrangement. Many families choose to create a Parenting Plan — a written agreement that outlines how parenting will work after separation.

Others formalise their agreements through Consent Orders to make them legally binding. If an agreement can’t be reached, the court may step in to make decisions based on what’s best for the children.

Our role is to guide you through this process with care, clarity, and the least amount of stress possible. Whether through mediation or court proceedings, we’re here to support you and protect your children’s wellbeing every step of the way.

Binding Financial Agreements (Prenups)

A Binding Financial Agreement (BFA) — also known as a prenuptial agreement — is a legal contract that sets out how property, finances, and superannuation will be divided in the event of separation. It can be made:

  • Before marriage or a de facto relationship

  • During the relationship

  • After separation

BFAs can be a smart way to reduce uncertainty, avoid conflict, and protect assets — especially in second marriages, blended families, or where one party has significantly more wealth.

Our lawyers draft, review, and negotiate BFAs that are legally enforceable and tailored to your specific circumstances.

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.

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. You can and should speak to a lawyer as soon as separation is on the horizon, especially when it comes to property and parenting matters, which can be addressed immediately.

  • Divorce legally ends your marriage. Property settlement divides your assets and debts. They’re separate legal processes and often happen in parallel.

  • Yes. This is called “separation under one roof”. You’ll need to provide extra evidence, but we can guide you through it.

  • It all begins with an idea. Maybe you want to launch a business. Maybe you want to turn a hobby into something more. Or maybe you have a creative project to share with the world. Whatever it is, the way you tell your story online can make all the difference.

  • Dividing assets, including property, superannuation, and pensions, can be one of the most complex parts of a divorce. We guide you through this process to ensure a fair outcome for both parties.