Separation and Divorce
Separation is one of the most challenging transitions a family can experience. Wallen Family Law guides clients across Sydney and the Northern Beaches, including Greater South Sydney and Wollongong, through the legal and practical steps of divorce with clarity and care.
Our family lawyers provide straightforward advice on your options — from negotiating parenting and property arrangements to preparing and filing divorce applications. Every family’s circumstances are different, and our focus is on helping you move forward with dignity, certainty and informed support.
How our family lawyers support you through separation:
We provide advice and representation across all areas of divorce and separation, including -
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To apply for divorce, you need to show you’ve been separated for at least 12 months, even if you were still living under one roof.
We prepare and file your application, whether it’s made solely or jointly, and represent you in court if needed. For eligible matters, our fixed fee divorce package ensures the process is managed smoothly, with clear upfront pricing.
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Separation marks the beginning of important legal timelines. Some property related claims must be made within 12 months of your divorce being finalised.
We ensure you don’t miss critical deadlines and explain how timing affects your rights.
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Divorce and parenting issues are technically separate legal processes, but they often overlap in practice. We help you understand how divorce may interact with parenting orders or mediation, and we guide you in securing arrangements that protect your children’s best interests.
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Sorting out finances after separation is often one of the most stressful parts of the process. We provide strategic advice on property settlements, whether you need help negotiating a fair outcome or pursuing court orders.
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Separation may leave one partner financially vulnerable. If you are entitled to, or may be required to pay, spousal maintenance, we provide straightforward advice and represent you in reaching agreements that are fair and sustainable.
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While most divorces are straightforward, complications can arise — for example, if there is a dispute about separation date or difficulties with service of documents. We handle these issues with confidence, protecting your rights while minimising unnecessary conflict.
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You must be separated for 12 months before applying. This can include time living “under one roof” if you can prove you lived separately during that period.
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No. Property and divorce are separate processes, but there are time limits — you generally have 12 months from the date your divorce is finalised to file property or spousal maintenance claims.
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No. One party can apply for divorce even if the other does not agree, provided the legal requirements are met.
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The court allows substituted service in certain situations. We can assist you in preparing the necessary application and evidence..
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Our fixed fee divorce covers preparing and filing the application, managing service of documents, and representing you at a short hearing if required. We explain all inclusions up front so you know exactly what to expect.
Understanding the legal process for divorce in NSW
If you’re planning to apply for divorce, you may find our guide helpful —
How Long Will My Divorce Take in NSW?
Next Steps
Divorce and separation can feel like an uphill battle, but you don’t have to navigate it alone. With clear advice, fixed fees for straightforward matters, and strong support for more complex cases, we help you move forward with confidence.
Book a free 15-minute consultation today to discuss your situation with us.
You may also find these links helpful:
Separation often leads to questions about Parenting & Custody, Property Settlements, and Spousal Maintenance.
If your separation involves coercive control or manipulation, you may find our article Navigating Divorce with a Narcissist useful.
We provide clear Fixed Fee options and can assist clients through Legal Aid funding.