Divorce

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What is DIVORCE

Divorce is the ending of a marriage, in Australia, we have a no-fault system which means that no person is at fault for the relationship ending.

applying for divorce

To obtain a divorce, you and your spouse need to consider the marriage irretrievably broken down and it is not likely you will re-commence your relationship. You must also be separated for over 12 months before applying for a divorce.

It is possible to obtain a Divorce if you live under one roof but live separate lives. It is even possible if you get back together for a cumulative period of 3 months without the need to re-start the 12-month separation period. However, if these circumstances arise, the court will need more information from the parties to ensure they can grant the divorce.

The application will be made to the Federal Circuit and Family Court of Australia via the Commonwealth Courts portal.

You can make an application on your own or jointly with your spouse. After the application has been finalised, it must be served on the other party if you are making a sole application.

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eligibility for divorce

To apply for a divorce you must ensure you meet the eligibility criteria which requires either you or your spouse to:
  • Regard Australia as your home and intend to live in Australia indefinitely
  • Are an Australian citizen by birth, descent, or by the grant of Australian citizenship
  • Ordinarily live in Australia and have done so for 12 months before filing for divorce.

Divorce is purely the ending of a marriage, decisions around property, parenting or maintenance are a separate process which requires you to make an agreement between you and your spouse or seek orders from the court.

You can apply for a divorce after you finalise arrangements for property, parenting, or maintenance. Alternatively, you can obtain a divorce first and then deal with property, parenting, or maintenance matters. However, an application must be made within 12 months of the date on the divorce order. If this is not done within 12 months, you will have to apply for leave of the court. There is no guarantee this will be approved, and you may lose the opportunity to have property, parenting, or maintenance issues resolved.

what can go wrong

We take the time to discuss your situation and assess the risk factors or matters that need to be clearly presented to the court to ensure your application is not requisitioned. For example, if there are children under the age of 18, the court requires extra information to be provided in an appropriate form to show them the children will be cared for.

Understand the child custody arrangements.

 

hiring a divorce lawyer

At the Family Lawyer, deal with this process for you. We provide you with comprehensive advice and assistance regarding your divorce to ensure your application will be accepted and granted.

We take the stress out of the process and finalise your divorce quickly and efficiently.

What Our Clients say

I highly recommend Kristdel for any family related matters. She is super responsive and helpful professional in all your family related requirements. I know her and the Family Lawyer firm for a long period now. And they are good partners to work with. Highly recommend.
Chamara W.
Brianna was caring and empathetic in her approach with a no fuss attitude. A pleasure to deal with. The outcome Mum and I needed was achieved stress free.
Dean P.
Brianna and Christian have been very professional, thorough and made both me and my fathers experience very easy to understand. They provided the best advice and support to achieve a great result with our court matter. Brianna was very prompt in all responses and understood our circumstances which made the process very smooth. Thank you Brianna and team, we are very thankful for your caring approach. I would highly recommend your services to anyone.
John P.
I would like to thank Kehsee and Kristdel from the Family Lawyers for working tirelessly for me on my separation matter. I came to them a pretty broken person from a previous solicitor. I had some ups and downs but they always dealt with me with grace and did an exceptional job. The rates they charge are very good. I would also like to give a massive thanks to Mr Matthew O'Grady (barrister and mediator). All the people previously mentioned worked really hard to give me a new start and just as importantly they are all quality people. Thank you.
Shane H.
Highly recommended. I spoke with Kehsee, who was friendly, highly knowledgeable and patiently answered all my questions. Thanks for the great service!
Evan B.
The settlement of our new office premises went so smoothly, with all documents done easy online, and it can be attended to when time permits. Highly responsive office and a very professional, but personalised service at the same time. Thank you for your work and your support.
Katherine I.
Kristdel was amazing from the very beginning. I called very stressed and confused. Kristdel made me feel at ease from the get go & provided an unbelievable legal service, With amazing communication & care.
Adam R.
Christian and his team at The Family Lawyer have made our legal experience very easy. They are very understanding and patient team making what was a stressful experience a calm one as we progressed through it. If it wasn't for Christian and his knowledge we would have made some very costly mistakes, both financially and personally. I would recommend Christian and the team at The Family Lawyer to anyone seeking advice and looking to settle affairs. Their pricing was fair and the value we received exceeded our expectations.
Camilo M.
Highly recommend and very professional. Christian was very responsive to my questions and is very knowledgeable in his field. I wouldn't hesitate to use their services again.
Amruth R.
Friendly, professional and understanding staff. I was given great advice on what would be best to do in my situation and they handled it quickly, considered my wants/needs and made sure they were met and the whole process was stress-free. Couldn't be more thankful for the great service.
Jacqui D.
"... Friendly, professional and understanding staff ..."
Jacqui D.
"...highly recommend Kristdel..."
Chamara W.
"... The outcome I needed was achieved ..."
Dean P.
"... They provided the best advice and support ..."
John P.
"...The rates they charge are very good. ..."
Shane H.
"... highly knowledgeable and patient ..."
Evan B.
"... Highly responsive office and a very professional ..."
Katherine I.
"... Kristdel was amazing from the very beginning ..."
Adam R.
"... They are very understanding and patient team ..."
Camilo M.
"... Highly recommend and very professional. ..."
Amruth R.

You have Questions. We have Answers.

Frequently asked questions

– If there are no children under 18, you are not required to go to court.

– If you and your spouse make a joint application, you do not need to go to court to attend the hearing.

– If you make a sole application with children under the age of 18, you will be required to go to court to attend the hearing.

Your divorce will not be final until one month after the date of your Divorce Order from the court. After this, you can re-marry.

Unless you have a Court Order which gives you sole parental responsibility, you need the other parent’s consent before you can change your child’s last name.

Your former partner must file a response to your application and then serve the response on you, or on your lawyer, before the hearing date.

If a response is filed, the court might not grant the divorce application at the first hearing until it hears further submissions from the parties.

The timing varies depending on the caseload of the court however the usual time is less than three months from the date of filing. If you have children under the age of 18 years, the court will also want to know that proper arrangements have been made for the care and welfare of the children before granting the divorce.

If you have no contact with your spouse, you will need to make a sole application for divorce. You will still need to serve the application on your spouse, which will be challenging.
This would require all reasonable attempts be made to try and locate your spouse.
If this is unsuccessful, an application to the court can be made to dispense the need to serve the documents or serve via alternative methods.

Our Family Law Articles

Understanding Stages of the Family Court Proceedings

Can my spouse refuse to obtain a divorce?

Preparing for Family Dispute Resolution (FDR)

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