Elevate Family Law

Divorce in Australia.

Divorce is the legal process through which two people dissolve their marriage.

  • The Family Law Act 1975 introduced a “no-fault” divorce system. This means that the Federal Circuit and Family Court of Australia (FCFCA) does not need to consider whether a spouse’s actions were to blame for the breakdown of the marriage.
  • The divorce process requires separation to have taken place for a period of 12 months with at least one spouse acknowledging that the marriage has irretrievably broken down without any prospects of reconciliation.
  • However, there are certain conditions that may allow for flexibility around these requirements and it is important to seek legal advice whether these suit your circumstances.
  • You do not need your spouse to agree or participate in the divorce process for it to be approved by the Court. The Court simply requires proof that the divorce has been brought to their attention pursuant to the Rules
  • A common misconception is that divorce resolves parenting and property arrangements between parties. Divorce in many instances is one step of the separation process between couples who have  unresolved parental and financial matters. Find out more about Financial Separation.

How Do I apply for a divorce?

Our divorce lawyers can assist you with the application for divorce process from start to finish.

 

Preparation of application for divorce online

Complete your online divorce with our easy step by step form.  We will schedule a conference with you to prepare your application and supporting documents to be filed with the Court.

Serve the application on your spouse

To satisfy the Court Rules, the divorce documents need to served on your spouse.

File the service documents

Once served, their acknowledgement will be provided to the court as proof of service.

The Court Hearing

Attend the divorce hearing.

Divorce is granted

A copy of your divorce will be provided following the "one month Rule."

Divorce in Australia

Kickstart your Online Divorce application today

My entitlements to a divorce in australia

who gets what ?

The question of who gets what in a divorce has no cut and dry answer. This is on a case by case basis of  individual circumstances of the relationship and the assets and liabilities of both parties.

There are certain factors that may be considered in this regard :

  • The family home
  • Savings
  • Superannuation
  • Investment properties
  • Interest in a business
  • Shares
  • Partnership and or trusts
  • Direct and indirect financial contributions to the property
  • Contributions as a homemaker or parent;
  • Ongoing obligations for parenting and child support

Contact our Family Law team to obtain an assessment of your entitlements at separation; we will work with you to strategise the best way to reach your desired outcome.

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Thank you for helping me through this difficult trial, and for ensuring the best possible outcome on my behalf. I am so grateful to you for representing me in court, and for being a powerful advocate for me throughout these difficult times. Thank you so much for your passionate, thoughtful, and brilliant work.

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Most frequent questions and answers

Assets are not always split 50/50 in divorces. There are a wide range of factors that determine how assets should be distributed after the breakdown of either a marriage or de facto relationship. Get in touch to assess your personal circumstance.

You can remarry after divorce as long as your divorce order has taken effect. This is usually one month and one day after your divorce is granted by the Court

In Australia, a divorce takes about four months before it is officially granted by the court. This time is calculated using the date you first filed your application in court until the date when a divorce order is issued by the court.

In Australia, a divorce is determined without the regard to any fault of either party. This means that the Court does not need to know the details leading up to separation. The only thing you’ll need to prove is that you have been separated for 12 months, you have remained separated and you intend to stay separated.

If you were married overseas, you may be eligible to have your Application for Divorce heard in Australia provided you meet certain conditions.

Eligibility depends on whether you or  your spouse falls into one of the following categories:

  • Regard Australia as home and intend to live indefinitely in Australia
  • Are an Australian citizen by birth or descent;
  • Are an Australian citizen by grant of citizenship; or
  • Ordinarily live in Australia & have done so for at least 12 months.