Divorce
A divorce lawyer can help you navigate legal requirements and move on with your life
Getting a divorce is often a difficult road, especially if you and your former partner are having communication difficulties.
As your divorce lawyer, it’s our job to help you through the process while managing any other family law issues. We aim to reduce conflict and handle the legalities with sensitivity.
We know that knowledge is an excellent starting point for every client, so here’s some important information about divorce and how family laws operate in Australia.
Get in touch to learn more about how we can help you.
Frequently asked questions about divorce
What is a divorce?
Divorce is the legal end of a marriage. It’s sometimes referred to as “dissolution of marriage.”
Australia has a no-fault divorce system. This means the Court does not want or need to know why the marriage broke down. It doesn’t blame either spouse.
Australia has a no-fault divorce system. This means the Court does not want or need to know why the marriage broke down. It doesn’t blame either spouse.
The Federal Circuit and Family Court handles divorces in Australia.
Divorce is only a formal acknowledgement of the end of the marriage. It doesn’t address other family law issues, such as:
Need help from a divorce lawyer? Contact us to find out more about our family law services.
Who can apply for a divorce?
To apply for a divorce in Australia, you or your spouse must meet one of the following requirements:
- You or your spouse must regard Australia as your permanent home and intend to live here indefinitely
- You or your spouse must be an Australian citizen by birth, or descent (for example, one of your parents is an Australian citizen), or through a citizenship grant
- You usually live in Australia and have done so for at least 12 months immediately before filing for divorce
Then, the Court needs proof that you and your spouse have been separated for at least 12 months, and there’s no chance of getting back together.
Need help from a divorce lawyer? Contact us to find out more about our family law services.
What happens if I separated from my spouse, but we continue to live in the same house?
This type of situation is known as “separation under one roof”.
If you and your spouse have been separated while still living under the same roof, the Court will need further evidence to prove that you’ve been separated for more than 12 months.
Need help from a divorce lawyer? Contact us to find out more about our family law services.
Can same-sex married couples divorce under Australian family laws?
Yes. If you have a same-sex marriage, you have equal access to divorce, so long as:
- Your marriage is legally recognised in Australia; and
- Your marriage meets all other family law requirements.
Need help from a divorce lawyer? Contact us to find out more about our family law services.
What should I do if I was married overseas?
If you were married overseas and are planning to divorce, you may need to show the Court extra evidence that your marriage is valid if your marriage certificate is not in English.
This may be required even if your marriage is recognised under Australian laws.
Need help from a divorce lawyer? Contact us to find out more about our family law services.
What happens after I apply for a divorce?
Filing an Application for Divorce is usually done online via the Commonwealth Courts Portal.
Once you have filed the Application and any supporting evidence, you must serve those documents on your former spouse. There are strict rules for this, and you must also give the Court evidence that you have complied with those rules.
Need help from a divorce lawyer? Contact us to find out more about our family law services.
What about arrangements for my children?
If you have children under the age of 18, the Court will only grant a divorce if it is satisfied that suitable arrangements have been made for their welfare.
This includes details about:
- How the children will spend time with each parent
- Education
- Healthcare
- Financial support
You must outline these arrangements clearly in your divorce application.
Need help from a divorce lawyer? Contact us to find out more about our family law services.
What happens to property and parenting arrangements?
Getting a divorce does not resolve other family law issues such as:
- Parenting
- Property
- Finances
- Child Support
These matters must be handled separately through negotiation, mediation, or Court orders if needed.
Here are your options:
- Dispute Resolution: Engage in mediation or other forms of dispute resolution to settle or minimise conflicts.
- Consent Orders and Agreements: If you and your spouse can agree, you may formalise your arrangements through consent orders filed with the Court. Parenting plans or financial agreements may also be made without Court involvement.
- Court Orders: If you can’t agree, you may need to seek formal orders from the Court. There are specific time limits for financial applications, usually within 12 months of the divorce becoming final unless you agree otherwise.
Need help from a divorce lawyer? Contact us to find out more about our family law services.
Get in touch
We guide our clients with affordable, practical advice, excellent skills and plenty of care. Get in touch to learn more about how we can help you through your divorce.