Separation can create immediate concerns about children, property, financial security and future living arrangements. At Johnsons Law Group, our experienced divorce lawyers in Burwood provide clear legal advice and practical support based on your individual circumstances.

We assist individuals, parents and families across Burwood and surrounding Inner West suburbs with legal matters such as:

• Property and asset division
• Parenting and child custody arrangements
• Spousal maintenance advice
• Separation agreements and Consent Orders
• Family dispute resolution and mediation

Our solicitors explain your rights, responsibilities and available legal options in straightforward terms. We take a measured and professional approach, with advice focused on helping you make informed decisions during a difficult period.

Call 02 9600 7277 or visit our Contact Us page to arrange a confidential consultation.

Family & Divorce Law Services in Burwood

Every relationship breakdown involves a different combination of personal, financial and parenting issues. Our Burwood divorce solicitors assess the details of your matter before recommending a practical legal strategy that reflects your priorities and long-term interests.

Whether your matter can be resolved through direct negotiation, mediation or formal court proceedings, we provide clear guidance at each stage.

Property & Financial Settlements

A financial separation may require decisions about the family home, savings, loans, superannuation, vehicles, investments and business interests. Assets and liabilities may also be held jointly, individually, through a company or within another financial structure.

Our Burwood family lawyers help clients understand what forms part of the property pool and the factors that may affect a proposed settlement.

We can assist with:

• Identifying assets, liabilities and financial resources
• Financial disclosure obligations
• Superannuation splitting
• Business and investment interests
• Negotiated property settlements
• Consent Orders
• Court applications where an agreement cannot be reached

Our advice considers the overall financial position of both parties rather than focusing on one asset in isolation. We aim to help clients reach practical and properly documented outcomes that reduce future uncertainty.

Parenting Arrangements & Child Custody

Following separation, parents may need to decide where children will live, how much time they will spend with each parent and how important decisions will be made.

While the phrase ‘child custody’ remains a common search term, Australian family law generally refers to parenting arrangements, parental responsibility and Parenting Orders. The best interests of the child remain central to these matters.

Our solicitors assist parents with:

• Parenting plans
• Parenting Orders
• Parental responsibility
• Living and time arrangements
• School holiday arrangements
• Relocation concerns
• Child support guidance
• Changeover and communication disputes

Where appropriate, we encourage parents to develop clear arrangements that provide children with stability and reduce avoidable conflict.

We assist families throughout Burwood, Burwood Heights, Croydon, Croydon Park, Enfield, Strathfield and nearby Inner West areas. These suburbs form part of, or sit close to, the Burwood local government area.

Spousal Maintenance Guidance

A person may experience financial difficulty after separation, particularly where they have a limited income, reduced earning capacity, health concerns or primary responsibility for caring for children.

Spousal maintenance is separate from child support and property settlement. Whether maintenance may apply depends on one party’s financial need and the other party’s capacity to provide support.

Our divorce lawyers in Burwood provide advice about:

• Possible eligibility for spousal maintenance
• Income and reasonable living expenses
• Earning capacity and employment circumstances
• Care responsibilities
• Interim financial support
• Negotiated maintenance arrangements
• Court applications and responses

We review the financial circumstances of both parties before explaining the available options and likely next steps.

Separation Agreements & Consent Orders

Verbal or informal arrangements may not provide sufficient certainty after separation. Proper legal documentation can record agreed terms and help reduce the risk of later disagreement.

Johnsons Law Group assists Burwood clients with:

• Consent Orders
• Binding Financial Agreements
• Property settlement documents
• Parenting agreements
• Financial responsibility arrangements
• Superannuation-related terms
• Asset protection considerations

Our solicitors explain the legal effect of each proposed document before it is prepared or signed. We also identify terms that may be unclear, impractical or unlikely to provide the intended protection.

Mediation & Family Dispute Resolution

Court proceedings are not the only way to resolve a family law disagreement. Negotiation, mediation and family dispute resolution may allow parties to discuss disputed issues and work towards an acceptable outcome.

These processes may assist with:

• Parenting arrangements
• Property division
• Financial settlement terms
• Communication between separated parties
• Specific areas of disagreement
• Reducing the scope of court proceedings
• Avoiding unnecessary legal costs

Our Burwood divorce solicitors can help you prepare for mediation, assess proposals and understand the practical consequences of a settlement.

Where an agreement is reached, we can also assist with the legal documents required to formalise it.

Understanding Australia’s Divorce Laws

Australia has a no-fault divorce system. This means the Court does not decide which spouse caused the marriage to end when determining a divorce application.

The legal ground for divorce is the irretrievable breakdown of the marriage. This must generally be demonstrated through a separation period of at least 12 months and one day, with no reasonable likelihood that the parties will resume married life.

A divorce order legally ends the marriage. It does not automatically determine:

• Property division
• Spousal maintenance
• Child support
• Parenting arrangements
• The future care of children

These issues may need to be addressed through separate negotiations, agreements or court applications.

There are also time limits that may apply after a divorce becomes final. For example, an application for financial or property orders will generally need to be filed within 12 months after the divorce takes effect unless permission is obtained from the Court.

Early legal advice can help Burwood clients understand how the divorce itself relates to their broader family law circumstances.

Who Can Apply for Divorce in Australia?

Before filing a divorce application, at least one spouse must have an appropriate connection to Australia.

A person may be eligible where either spouse:

• Is an Australian citizen
• Regards Australia as their home and intends to live here indefinitely
• Ordinarily lives in Australia and has lived here for at least 12 months immediately before filing

The parties must also have been separated for at least 12 months and one day before the application can be filed.

It is possible to be separated while continuing to live at the same address. This is commonly known as separation under one roof.

Where the parties lived together for any part of the required separation period, additional affidavit evidence may be needed to demonstrate that the marital relationship had ended despite the shared residence.

Our solicitors can explain what information and evidence may be required for your circumstances.

The Divorce Process Explained

The divorce process involves more than submitting an online form. The application must contain accurate information, relevant documents must be filed, and procedural requirements must be followed.

Our Burwood divorce lawyers help clients understand each stage and identify issues that may delay or complicate an application.

Preparing Legal Documents

Documents commonly required for a divorce application may include:

• A marriage certificate
• Proof of citizenship or residency
• Evidence relating to separation under one roof
• Supporting affidavits where applicable
• Certified translations of documents not written in English

A marriage certificate that is not in English must generally be accompanied by the required translation material and supporting affidavit.

Preparing the documents carefully can reduce the likelihood of the Court requesting further evidence or adjourning the application.

Filing the Divorce Application

Divorce applications are generally filed electronically through the Commonwealth Courts Portal.

An application may be:

• A joint application filed by both spouses
• A sole application filed by one spouse

The application must include relevant information about the marriage, separation date and any children under 18 who were treated as members of the family.

Court filing fees apply. A reduced fee may be available to eligible applicants.

Our solicitors can help ensure the application reflects the circumstances accurately and that the required supporting documents are included.

Serving Divorce Documents

Where a sole application is filed, the applicant must arrange for the divorce documents to be formally served on the other spouse. The applicant cannot personally serve the documents.

If the other spouse is in Australia, service must generally occur at least 28 days before the hearing. If the spouse is overseas, the usual service period is at least 42 days. Joint applications do not require service between the spouses.

Further steps may be necessary where:

• The other spouse cannot be located
• The spouse avoids service
• The spouse lives overseas
• The service documents are incomplete
• Proof of service cannot be obtained

In some circumstances, an application may be made for substituted service or dispensation of service. These applications require supporting evidence and should be prepared carefully.

Court Attendance

Attendance is not required for every divorce application.

You may need or be advised to attend where:

• The other spouse opposes the divorce
• An application for substituted service has been made
• An application to dispense with service has been made
• Additional affidavit evidence needs to be addressed
• There was a period of separation under one roof
• The Court requires further information

Divorce hearings are generally conducted electronically by telephone rather than through physical attendance at a court registry.

If the application is complete and all procedural requirements have been met, the Registrar may determine it at the first hearing. An application may be adjourned if further documents, evidence or procedural steps are required.

Divorce for Same-Sex Couples

Australian divorce law applies equally to same-sex and opposite-sex married couples.

The same general requirements apply, including:

• An irretrievable breakdown of the marriage
• At least 12 months and one day of separation
• An appropriate connection to Australia
• A valid marriage certificate
• Compliance with filing and service requirements

Johnsons Law Group provides inclusive and respectful advice to clients throughout Burwood who need assistance with divorce, property settlement, parenting arrangements or related family law matters.

Why Choose Johnsons Law Group in Burwood

Johnsons Law Group offers practical family law guidance with a strong focus on clarity, preparation and professional client service.

Clients choose our Burwood divorce lawyers because we provide:

• Personalised advice based on individual circumstances
• Experience across divorce and family law matters
• Clear explanations without unnecessary legal jargon
• Compassionate support during difficult circumstances
• Careful preparation of applications and agreements
• Practical negotiation and dispute-resolution guidance
• Ongoing communication throughout the legal process

We recognise that family law decisions can have long-term personal and financial consequences. Our solicitors take the time to understand your concerns before recommending an appropriate course of action.

Speak With Our Burwood Divorce Lawyers Today

Getting legal advice early can help you understand your position, identify important deadlines and avoid decisions that may create further complications. If you need clear and practical advice from experienced divorce lawyers in Burwood, contact Johnsons Law Group today. Call 02 9600 7277 or explore our Contact Us page to arrange a confidential consultation.