Erina-based. Helping people across Gosford, Wyong, Terrigal, The Entrance, Newcastle and Sydney.
Over 10 years in family law, CopperTree Family law is an Accredited Specialist in Family Law.
Ending a marriage is rarely just paperwork. We make the legal part as simple as it should be, and make sure the decisions that actually affect your future — your property, your children, your timing — get made with your eyes open.
We are your local Central Coast divorce lawyer. A “divorce” is a straightforward legal process. However, once a divorce order comes into effect, and you have not reached a financial settlement or property settlement, there will be a time limit on applying for a court-ordered outcome. It is, therefore, vital to speak to a CopperTree Family Lawyer before you apply for the divorce.
It can be as simple as a quick chat with our family law specialists. To make sure that you won’t have any surprises or financial regrets later on. Navigating child custody and children’s living arrangements can also be charged with emotion during this time. If you have children aged under 18, a court can only grant a divorce if it is satisfied that proper arrangements are in place for them.
A confidential discussion with a family lawyer before you broach the subject of separation with your partner could save you a great deal of time, stress, and money. Since you must be separated for at least 12 months before you can apply for a divorce, issues can arise if you stay living under the same roof. CopperTree Family Law can advise you on all these matters.
You must be separated for at least 12 months and one day before you can apply. Separation is about the relationship ending, not necessarily about moving out — if you’ve continued living under the same roof, you can still apply, but the court will need affidavit evidence from you and usually from an independent witness explaining how things changed.
You need to satisfy the court that the marriage has broken down irretrievably, and that either you or your spouse regards Australia as home, is an Australian citizen, or ordinarily lives here.
A joint application is made together and needs no service. A sole application is made by one person and must be served on the other. We prepare the application and supporting affidavits, and file it electronically through the Commonwealth Courts Portal.
Your spouse must be served at least 28 days before the hearing if they’re in Australia, or 42 days if they’re overseas. There are strict rules about who can serve and how it must be proved. We handle this, including the harder situations where the other party can’t be found or won’t cooperate.
Most divorces are decided without anyone stepping into a courtroom. You generally only need to attend if you filed a sole application and there is a child of the marriage under 18. If you do need to attend, we can appear with you or, in many cases, for you.
Your divorce takes effect one month and one day after the order is made. From that date, your 12-month property settlement window begins.
Realistically, from the date of separation to a final divorce order is a minimum of around 13 months.
Once you are sure it is time to separate from your partner, our best family divorce lawyers rosebery can file the divorce application on your behalf. A court hearing date will be set, and your CopperTree Family Law divorce lawyer can be by your side at every step of the way if you wish. Contact us today for a consultation.
Depending on the circumstances of your application, there maybe a legal requirement to serve the divorce application on the other party within a certain timeframe before the divorce hearing at court. Contact us so we can walk you through it.
Not every separation needs to become a fight, and most shouldn't. In a collaborative process, both of you and both lawyers commit in writing to reaching a resolution without going to court, working through it in structured meetings rather than by exchanging letters for a year. It tends to be faster, considerably cheaper, and far easier on any children involved. It doesn't suit every matter — it needs both parties to negotiate in good faith and disclose fully. CopperTree Family Law is trained in collaborative practice. We'll tell you honestly whether it's a fit for your situation, or whether mediation or negotiated settlement would serve you better.
If you're separating from an abusive partner, the practical details matter more than the legal ones. You do not have to serve divorce papers in person yourself. Where there's a safety risk or an ADVO in place, we can apply for substituted service (serving through a third party or another method) or dispensation of service where your spouse can't safely or reasonably be located. An ADVO does not prevent a divorce proceeding, and your address does not have to be disclosed to the other party. We'll structure the whole matter around keeping contact to a minimum.
Where there are children of the marriage under 18, the court can only grant a divorce if it's satisfied that proper arrangements have been made for their care, welfare and development. That doesn't mean court orders are required — it means the court needs to see where the children live, how time is shared, how they're supported, and how decisions get made. This is also the situation where you may need to attend the hearing. Getting the parenting arrangements settled properly first tends to make everything downstream simpler.
If your spouse has moved without telling you, is overseas, is deliberately avoiding service, or you have no idea where they are, your divorce is not stuck. It just needs a different route: evidence of the enquiries you've made, then an application for substituted service or for service to be dispensed with. We've done this many times and can tell you early what the court will expect to see.
We act for clients across Erina, Gosford, Terrigal, Avoca Beach, Kincumber, Wyong, Tuggerah, The Entrance, Woy Woy, Umina Beach, Toukley and Ettalong, as well as Newcastle and Sydney. Appointments by phone or video are available if getting to Erina is difficult. See our full list of service areas.
Anonymous
2 years ago
I would highly recommend Cheryl for your family law needs. She is professional, efficient, committed and friendly to work with. Cheryl will endeavour to achieve the best outcome for you.
I would highly recommend Cheryl for your family law needs. She is professional, efficient, committed and friendly to work with. Cheryl will endeavour to achieve the best outcome for you.
Ely M
1 year ago
Very good I recommend to my friends and family all the time.
Very happy with the advice Cheryl gave and provided peace of mind.
From my experience I found them easy to deal with and straight to the point with advice…. which is all you really want in these sort of matters
You must be separated 12 months before applying. After filing, a hearing date is usually set within a couple of months, and the divorce becomes final one month and one day after the order. From separation to final divorce, expect around 13 to 15 months.
Yes. Australia has no-fault divorce, so your spouse cannot prevent it. They can only dispute the facts — for example, arguing you haven’t been separated a full 12 months. They must still be properly served.
Usually neither of you does. You generally only need to attend if you filed a sole application and there is a child of the marriage under 18. Joint applicants don’t need to attend.
It can. The court accepts separation under one roof, but you’ll need to explain how the relationship ended — separate sleeping arrangements, finances, household duties, how you presented to family and friends. This usually requires an affidavit from you and one from an independent witness.
No, and often you shouldn’t wait. You can settle property and superannuation any time after separation. What divorce does is start a 12-month clock on applying to the court for property orders.
A sole application that has to be formally served on your spouse costs more than a joint one. Costs also rise if your spouse cannot be located or refuses to accept service, which requires a separate application for substituted service; if you have been married less than two years, which requires a counselling certificate or the court’s permission; if you married overseas and need certified translations; or if there are children under 18 and arrangements for them are still in dispute.
You can still divorce in Australia if you or your spouse are an Australian citizen, ordinarily live here, or regard Australia as home. You’ll need your marriage certificate, and if it isn’t in English, a translation with an affidavit from the translator.
You’ll need to attend counselling and file a counselling certificate with your application, or seek the court’s permission to apply without one. There are exceptions where counselling isn’t appropriate, including where there has been family violence.
A divorce order doesn’t change your name. In NSW, if you took your spouse’s surname on marriage, you can generally revert to your birth name using your birth certificate and marriage certificate at NSW Births, Deaths and Marriages, without a formal change of name.
If you applied on your own and there’s a child under 18, yes — though we can often appear on your behalf. If you applied jointly, no attendance is needed.
There are two separate costs. The first is the court filing fee, which is set nationally by the Federal Circuit and Family Court of Australia or if you qualify for the reduced rate. The second is your lawyer’s fee, which varies with how straightforward your matter is.
Yes, if you hold a Health Care Card, Pensioner Concession Card or Commonwealth Seniors Health Card, if you receive Legal Aid, if you are under 18, or if you can demonstrate financial hardship. On a joint application, both parties need to be eligible for the reduction to apply. Unlike most other family law applications, the divorce fee can be reduced but not waived entirely, so some fee is always payable.
No. The divorce order is usually the cheapest step. The real cost sits in the two processes running alongside it: dividing your property and superannuation, and settling arrangements for your children. A divorce simply ends the marriage. It does not divide anything, and it starts a 12-month deadline for applying to the court for a property settlement, which is why it is worth getting advice before you file rather than after.
At CopperTree Family Law, we protect and advocate for your interest at all times, while advising you of the legal framework under which your needs will be considered.
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