Separation & Divorce Lawyer Sydney
Separation and divorce raise urgent questions about your financial future, your children, and your rights. Our team has guided Sydney families through every stage of relationship breakdown: from the first conversation about what separation means legally, through to final property orders and divorce applications. David H Cohen & Co offers a free 15 minute discovery call to discuss new matters. Contact us now!
Confidential consultation · Suite 901, 265 Castlereagh St, Sydney CBD
Separation and divorce situations we deal with every day
Most people come to us with the same question: what am I actually entitled to? The answer depends on the length of the relationship, what each person contributed, and what the assets look like. Not on what a former partner has said, or what a friend has been through. Getting legal advice before informal agreements are made protects your position.
You have just separated and don't know your rights
Most clients come to us before they have spoken to their former partner about money or children. Early advice clarifies what you are entitled to and what steps protect your position from the outset.
You are still living under the same roof
Separation does not require you to move out. You can be legally separated while sharing a home — but you need to document it correctly to protect the 12-month clock for divorce. We advise about separation under one roof.
You want a divorce but don't know where to start
Australia has no-fault divorce. You are eligible for a divorce if you have been separated for 12 months. We handle the application and ensure service requirements are met — it is more procedural than most people expect.
Your property hasn't been divided yet
Many couples separate without formally dividing assets. Time limits apply — 12 months after a divorce order, 2 years after a de facto relationship ends. Acting within that window protects your entitlements.
You were in a de facto relationship
De facto couples have the same property and financial rights as married couples under Australian law. If your relationship lasted at least 2 years or you have children together, you may have significant entitlements.
You cannot agree on a financial split
Disagreement does not mean Court. We work to negotiate a fair outcome through correspondence and mediation. When agreement is reached, we formalise it as Binding Financial Agreement or Consent Orders — enforceable and final.
Separation & divorce legal services
We act in separation and divorce matters at all stages: from the first advice conversation through to contested hearings. Most matters settle. When they don't, we are experienced in the Federal Circuit and Family Court of Australia.
Divorce Applications
We prepare and file your Application for Divorce, ensure the 12-month separation requirement is satisfied, advise on service requirements, and attend the hearing (usually procedural) on your behalf where needed.
Property Settlements
Dividing assets after separation involves identifying the property pool, assessing each party's contributions and future needs, and reaching a fair outcome. We negotiate, mediate, and litigate where necessary to protect your entitlements.
Binding Financial Agreements
A Binding Financial Agreement (BFA) sets out how assets will be divided in the event of separation — either before a relationship begins (prenuptial agreement) or after it ends. We draft and advise on BFAs that are designed to hold up.
Consent Orders
If you and your former partner can agree on property division, we prepare and file Consent Orders with the Family Court, making the agreement legally binding and enforceable. Consent Orders are faster and cheaper than contested proceedings.
Spousal Maintenance
If one party cannot support themselves after separation due to age, health, caring responsibilities, or loss of earning capacity during the relationship, they may be entitled to spousal maintenance. We advise on both entitlement and quantum.
De Facto Separation
De facto partners have equivalent property rights to married couples under the Family Law Act. If your de facto relationship has ended, time limits apply — we advise on your position and act quickly to protect your claim.
Don't wait too long — property settlement time limits are strict
Many people separate without formally dividing their assets, expecting to ‘sort it out later’. This can be a costly mistake.
Under the Family Law Act, you must apply for a property settlement within 12 months of a divorce order becoming final, or within 2 years of the end of a de facto relationship. After these limits pass, you need Court leave (permission) to make a claim, and that is not guaranteed.
Informal agreements (verbal understandings, emails, even signed documents that aren’t Consent Orders or BFAs) are not legally binding and can be challenged. Formalising your agreement protects you both.
Key time limits
- → 12 months from divorce order — deadline for married couples to apply for property settlement
- → 2 years from end of de facto relationship — deadline for de facto property claims
- → After these limits, Court leave is required — and may be refused
- → Informal agreements are not enforceable — only Consent Orders or BFAs are legally binding
- → Superannuation can be split as part of property settlement — don't overlook it
- → Act early: the longer you wait, the harder it is to trace assets and establish contributions
Source: Family Law Act 1975 (Cth), ss 44, 90K
Resolving separation and property matters — step by step
Most property matters settle before a Final Hearing. Here is how we work through them: from first instructions to a signed, Court-approved agreement.
Confidential consultation
We listen to your situation, explain your legal position clearly, and advise on your likely entitlements and the steps that protect them. No jargon, no pressure.
Asset identification
We work with you to identify and value the full property pool — including real estate, superannuation, businesses, investments, and debts. Hidden or transferred assets can be traced.
Negotiation
We engage with your former partner or their solicitor to negotiate a fair outcome, drawing on 40 years of experience to identify what is and isn't achievable.
Mediation (if needed)
If direct negotiation stalls, mediation with a neutral third party often breaks the deadlock. Elizabeth Cohen is an Accredited Mediator — we can facilitate this process directly.
Formalise the agreement
Once agreement is reached, we prepare Consent Orders or a Binding Financial Agreement to make it legally binding. This is the step most people skip — and later regret.
Divorce application (if applicable)
If you want a formal divorce order (required before property time limits apply to married couples), we prepare and file the Application for Divorce once you have been separated for 12 months.
Property and separation matters we have handled
Every separation is different. These are examples of property and financial matters we have successfully resolved. Names and identifying details have been removed to protect client privacy.
Client secures property settlement after de facto partner claims domestic violence
Client was in a de facto relationship of 5 years. Former partner made allegations of domestic violence and claimed a greater share of assets on that basis.
We successfully argued to discharge an oppressive Spouse Maintenance Order where the former partner had provided false evidence. The client's property entitlement was protected.
Mother of three secures property settlement without Final Hearing
Client was a mother of three young children who had been financially reliant on her husband throughout the marriage. She had limited independent income and no separate assets.
We successfully settled the property dispute without going to a Final Hearing. The client was able to purchase her own home and achieve financial independence.
Client receives over 50% of property pool including cash payments
Our client had made no initial financial contribution to the couple's property pool. Her husband's income had increased substantially through use of a family company and trust structure.
Our client received over 50% of the property pool with Consent Orders providing for cash payments, enabling her to establish a financially secure future.
Oppressive maintenance order discharged after false evidence
Former partner had lied about their financial position and income capacity to obtain an inflated spousal maintenance order against our client.
We successfully argued for the order to be discharged, identifying the inconsistencies in the former partner's evidence and presenting a clear picture of our client's true financial obligations.
Experienced. Empathetic. Effective.
David has been acting in property and financial matters since 1983. Elizabeth holds Masters degrees in Applied Family Law and Business Law and is an Accredited Mediator. Between them, they cover the full scope of what separation involves: from complex property pools to Consent Orders to contested hearings.
David Cohen
Principal Solicitor
David established the firm in 1983 and has extensive experience in complex property and financial matters, including high-net-worth property pools, business and trust structures, and contested proceedings. He briefs a wide circle of experienced barristers and appears personally in Court where appropriate.
Elizabeth Cohen
Family Law Specialist & Accredited Mediator
Elizabeth completed her Juris Doctor at the University of Sydney and holds Masters degrees in Applied Family Law, Business Law and Dispute Resolution. As an Accredited Mediator, she works to resolve separation matters collaboratively wherever possible — faster, cheaper, and far less stressful than contested proceedings.
Separation & divorce — frequently asked questions
Separation & divorce resources
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The decisions you make now shape your financial future. Get clear advice before you commit to anything.
Suite 901, 265 Castlereagh Street, Sydney NSW 2000 · Confidential consultation