What does Divorce mean?
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.
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.
Applying 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.
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).
Hiring a Divorce Lawyer in Melbourne and Brisbane
At the Family Lawyer, our Divorce Lawyer can deal with this process for you. We can provide you with comprehensive advice and assistance regarding your divorce to ensure your application will be accepted and granted.
We aim to take the stress out of the process and finalise your divorce quickly and efficiently.
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.
Divorce, Property, Children, or Maintenance Matters
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.
Looking for information about Separation or International Divorce?
Preparing for Family Dispute Resolution (FDR)
Family Dispute Resolution (FDR) is a common type of mediation that helps parties going through separation or divorce to talk about their issues in dispute, consider different alternatives, and try and reach a solution ...
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.
If you reconcile with your spouse for less than 3 months it will not affect your ability to file for divorce. However, the period of reconciliation must be added to the period of separation so that it adds up to at least 12 months.
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.
All children that were treated as members of the family immediately prior to separation are included as children of the marriage. This includes stepchildren and foster children. The arrangements for all children have to be disclosed.
You can use your maiden name even before your divorce if you want.
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.
If you have been married less than two years and want to apply for a divorce, you must attend mediation with a court approved family and child mediator to discuss the possibility of reconciliation and then file a certificate completed by the counselor with your application and supporting affidavit.
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.
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.
The team at the Family Lawyer were amazing. Kristdel was so calming and really helped me out during a hard and emotional time. She was upfront about how much everything was going to cost and kept things on track so it didn’t drag on. I don’t know where I would be without her. Thank you!
I had a really good experience the last few times I have visited their office. Great group of people to have on your side.
Kristdel is an amazing lawyer. That’s the vibe I got, from the first initial call. Very happy with the service, very professional and prompt, no jargon, 100% committed to my needs. Quick to respond and very thoughtful.
Extremely happy with the service I got, Christian was very professional and responsive he made sure everything was ready and nothing was left to chance. I got an outcome beyond what I expected!They were very accomodating with their fees.
Kristdel helped with some much needed clarity in regards to financial obligations of a separation. Highly recommended
Really happy with their service. Thank you.
Thank you Kristdel for doing both our Wills, very professional, helpful, friendly and efficient. Highly recommended.
Excellent service, they managed to show compassion for my stupidity, we laughed together
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.
Thank you so much Kristdel! I was stressing about my separation and what it would involve and Kristdel could see I was very anxious so she let her black lab come into our consultation! It was so calming, I can’t thank you enough for being so empathetic.
During this stressful time, I found Kristdel at The Family Lawyer to be particularly helpful. She demonstrated great empathy and responsiveness. She clearly outlined the options available to me, the pros and cons of each together with her final recommendation. As a result, I was confident that I was well informed and that she understood what was important to me. The issue was also resolved promptly and with a highly satisfactory outcome.
Kristdel and the team have just helped me through a very difficult time. They were very professional, experienced and caring. I highly recommend The Family Lawyer.
What our clients say…
Thank you Kristdel for doing both our Wills, very professional, helpful, friendly and efficient. Highly recommended.
Excellent service, they managed to show compassion for my stupidity, we laughed together
During this stressful time, I found Kristdel at The Family Lawyer to be particularly helpful. She demonstrated great empathy and responsiveness. She clearly outlined the options available to me, the pros and cons of each together with her final recommendation. As a result, I was confident that I was well informed and that she understood what was important to me. The issue was also resolved promptly and with a highly satisfactory outcome.
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.
Kristdel and the team have just helped me through a very difficult time. They were very professional, experienced and caring. I highly recommend The Family Lawyer.
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.
Extremely happy with the service I got, Christian was very professional and responsive he made sure everything was ready and nothing was left to chance. I got an outcome beyond what I expected!They were very accomodating with their fees.
The team at the Family Lawyer were amazing. Kristdel was so calming and really helped me out during a hard and emotional time. She was upfront about how much everything was going to cost and kept things on track so it didn’t drag on. I don’t know where I would be without her. Thank you!
Really happy with their service. Thank you.
Thank you so much Kristdel! I was stressing about my separation and what it would involve and Kristdel could see I was very anxious so she let her black lab come into our consultation! It was so calming, I can’t thank you enough for being so empathetic.
Kristdel helped with some much needed clarity in regards to financial obligations of a separation. Highly recommended
Kristdel is an amazing lawyer. That’s the vibe I got, from the first initial call. Very happy with the service, very professional and prompt, no jargon, 100% committed to my needs. Quick to respond and very thoughtful.
I had a really good experience the last few times I have visited their office. Great group of people to have on your side.
LET’S GET STARTED
We’re here to help answer your questions. We take great pride in using our expertise for you and look forward to speaking with you.
During your initial free consultation we will:
- Discuss your circumstances
- Advise you on your options
- Answer your questions
- Advise you of the costs
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1300 111 835
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