Divorce is a challenging time for all families filled with emotional and legal complexities.
At Capelin Law, we recognise that divorce is more than just a legal process – it’s a life-changing event with long term ramifications if not done correctly
Our experienced divorce lawyers in North Sydney understand the unique challenges you face and are here to guide you at every step of the way.
While the end of a marriage is never easy, understanding the divorce process can bring clarity and reduce stress.
In Australia, there is no need to provide any reasons for divorce other than that the relationship has broken down irretrievably. If you’ve been separated for more than 12 months, the court takes this as evidence of the fact, and even if you still live under the same roof, you can still obtain a divorce provided you swear to the separation in your divorce application.
The process typically includes:
Our team has successfully guided hundreds of separating families through the divorce process.
Contact us today for a free consultation with one of our experienced family lawyers in North Sydney.
Capelin Law has been a trusted name in family law for over 25 years, serving the North Shore with dedication and integrity.
The cost varies depending on the complexity of the case and whether it is contested or uncontested. We offer transparent fee structures and can provide an estimate during your consultation.
You will need your marriage certificate, identification, and proof of citizenship (if you were not born in Australia). Additionally, if you and your ex partner have children, you will need to provide information about their living arrangements and welfare to satisfy the Court’s requirements.
When you lodge your application the court will advise the date of the hearing, usually within 2 – 3 months.
The hearing is not long, and you may not need to attend. Once granted, your divorce order becomes final in one month and one day from the date of the hearing.
The court needs to be satisfied that your children are being taken care of before a divorce is granted. This includes considerations of living arrangements, schooling, and general welfare.
While a formal agreement is not required, having a parenting plan can help streamline the process and demonstrate your commitment to your children’s best interests.
If you and your spouse cannot agree on all aspects of your divorce, our experienced mediators can help facilitate productive conversations to reach common ground.
We use proven mediation techniques to help resolve your dispute amicably. In the event that mediation fails, we are experienced in advocating for your interests in Court to ensure a fair and just resolution is achieved.
You may be able to reach an agreement with your ex-partner without having to go to court. The court considers several factors, including each party’s financial and non-financial contributions and future needs.
If an agreement cannot be reached, a formal application for property orders must be lodged within 12 months of your divorce becoming final.
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Andrew Capelin is the Principal of Capelin Law; he is a lawyer, mediator and collaborative practitioner with over 25 years of experience in legal practice and business. Capelin Law is built on the belief in making every effort to help people resolve their issues without using a court. This approach is faster, cheaper and less stressful. Therefore we believe it is just a better way of doing things.
Andrew practiced as a barrister for about 10 years which makes him very competent and confident in a courtroom! Ironically, Andrew now handles very few litigation matters these days, preferring to focus on helping families resolve their issues collaboratively.
Consequently, Andrew finds collaborative practice to be a very fulfilling part of the work that he does and is passionate in his belief that it gives better outcomes for families.
Andrew’s other passion is playing golf.