Divorce

Divorce marks the formal end of a marriage. While it can be a challenging and emotional time, understanding the legal process and your options can provide certainty and help you move forward with confidence. The Federal Court has more information.

Divorce is not just a legal procedure—it is the first step in creating a new chapter in your life.

In Australia, divorce legally ends a marriage but does not automatically resolve other issues, such as property, finances, or parenting arrangements. These matters are addressed separately through property settlements, parenting orders, or binding financial agreements.

To apply for divorce, you must meet certain legal requirements:

You and your spouse must have been separated for at least 12 months. Separation can occur while living under the same roof, provided there is a clear and demonstrated breakdown of the relationship.

At least one party must be an Australian citizen, a permanent resident, or have lived in Australia for at least 12 months before filing.

Divorce applications can be made in two ways:

If both parties agree to the divorce, a joint application can be filed. This demonstrates that both spouses acknowledge the breakdown of the marriage and wish to proceed amicably.

If one party applies alone, the application must be served to the other spouse, giving them the opportunity to respond. The Court ensures the process is fair and that both parties are informed.

The divorce process follows several key steps, each designed to ensure the legal requirements are met and the rights of both parties are protected:

1. 1. Preparing the Application
   You or your lawyer will prepare the application for divorce, including details of the marriage, separation, and any children under 18. Providing accurate information ensures the Court can process your application efficiently.
2. 2. Serving the Application
   For sole applications, the application must be formally served on your spouse. Proof of service must be provided to the Court before it can consider the application. This step ensures fairness and transparency.
3. 3. Court Hearing
   If there are children under 18, the Court requires a hearing to confirm arrangements and assess that the divorce will not negatively impact the children. For couples without minor children, the Court may grant divorce without a hearing if all paperwork is in order.
4. 4. Finalising the Divorce
   If the Court is satisfied that the legal criteria have been met, a divorce order is issued. The order takes effect one month and one day after it is made, legally ending the marriage.

Divorce is often closely linked with other family law matters. It is important to consider:

Decisions about living arrangements, visitation, and parental responsibility for children under 18. Learn More about Parenting Arrangements.

Division of assets, liabilities, and superannuation. Divorce itself does not automatically finalise property or financial matters. Learn More about Property Settlements.

Ongoing support obligations may arise in certain circumstances.

Understanding these considerations early can help you plan effectively and reduce uncertainty during the divorce process.

Even when a divorce seems straightforward, legal guidance ensures that your rights are protected and that the process runs smoothly. Experienced family law advice can:

Having professional guidance provides peace of mind, helping you navigate what can be an emotional and complex time with confidence.

Divorce represents a significant legal transition, and managing it efficiently requires clarity, planning, and professional guidance. With the right legal advice, you can ensure that all requirements are met, associated matters such as property division or parenting arrangements are addressed appropriately, and the process proceeds smoothly.

Our team provides structured, practical guidance at every stage, helping you to make informed decisions, protect your interests, and achieve a final outcome that is legally sound and enforceable. By approaching the divorce process strategically, you can resolve matters efficiently and focus on the next chapter with confidence.

We offer a 60 minute consultation with a Family Law Specialist that is affordable for you to receive some initial guidance in relation to your position. Please contact us if you have any questions