Family lawyer for divorce and separation
If you are going through a divorce or separation, we can assist with all legal aspects relating to the process.
Whether your matter involves the division of the equity in your family home and arrangements for your children, or is more complex involving businesses and other assets, we are able to assist you.
We work closely with leading senior family law barristers to develop the best possible strategy to resolve your matter as quickly and cost-effectively as possible.
We will explain your legal rights and obligations in a clear and precise manner.
Divorce – What's next?
There is a misconception that divorce resolves all aspects of the breakdown of your marriage. This is not correct.
Upon receiving your divorce application, the Family Court makes an order to terminate your marriage. It does not, at that point in time, deal with the division of your assets.
However, obtaining a divorce does start the clock. Parties have 12 months from the date of divorce to file an application with the Court for a property settlement.
Steps on how to get a divorce
- The first step in getting a divorce is to separate from your partner. In Australia, couples must be separated for at least 12 months before they can apply for a divorce. A divorce can be granted where a couple has been ‘separate under the same roof’, provided they are able to satisfy that they were not living together as husband and wife.
- A divorce application form must be filled out and submitted. An application for divorce can be made by one party or both parties jointly.
- If you are applying as a sole applicant, you will need to formally serve the application on your former partner.
- Once the Family Court has received your application it will be processed and a hearing date will be set. If your application is successful you will be granted a divorce order.
Special promotion for new clients
Your initial consultation with us, for up to 2 hours, is only $330 (Inc GST).
Legal requirements to get a divorce
In order to apply for a divorce you will need to satisfy the following criteria:
- You have been separated for a minimum of 12 months.
- You or your spouse must regard Australia as your home and intend to live in Australia indefinitely, or
- You or your spouse are an Australian citizen by birth, descent or citizenship, or
- You or your spouse live in Australia and have been for 12 months immediately prior to applying for divorce.
Have you been married for less than two years?
There are additional criteria you must satisfy if you are applying for a divorce but have been married for less than two years. The Court will require you to:
- Attend counselling to discuss the possibility of reconciliation. In the event you decide to proceed with the divorce following counselling, the counsellor will need to complete and provide you with a certificate that states you discussed the possibility of reconciliation.
- Request permission from the Court to apply for a divorce within 2 years of marriage.
Please note, the two-year period is calculated from the date of the marriage to the date of applying to the Court for a divorce order and would include the 12 months of separation.
Can you oppose a divorce application?
If you wish to object to a divorce application you must complete and submit a Response to Divorce within 28 days of the original divorce application being served. You will be required to appear at the hearing in person.
An objection to a divorce application is only permitted when:
- You have not been separated for a minimum of 12 months.
- The court does not have jurisdiction to hear the application.
If you are not objecting the application, do you still need to attend the hearing?
Unless you are a sole applicant, in most situations, it is not a requirement that you attend in person. However, if there are children under the age of 18 years, the Court will need to be satisfied that proper arrangements have been made for the welfare of those children.
If you cannot attend the hearing in person, you can request to appear by telephone.
Special promotion for new clients
Your initial consultation with us, for up to 2 hours, is only $330 (Inc GST).