If your marriage has broken down, you might be thinking about what the next steps are. Separation is typically the first step. Then, once you’ve been separated for 12 months with no chance of reconciliation, you can apply for a divorce. The divorce process can be difficult and highly emotional. But our team of divorce lawyers at Australian Family Lawyers will ensure your divorce is handled with dignity and efficiency.
Divorce is something that happens to many married couples. But knowing how common it is doesn’t make going through it any easier. Divorce is a transition time in a couple’s life, and there can be both emotional and legal challenges to navigate.
You might be facing custody issues, splitting high-value assets, or even wondering how to manage your separation. You might also be struggling with emotional impacts like feelings of loneliness or isolation. Each of these requires expert advice and guidance to see you getting the best outcome for your situation.
Having a good divorce lawyer on your side will help ease you through this transition. Your lawyer will offer you the support, representation, and advice that you need so you can move forward with confidence and dignity.
03 9088 3184
Divorce is the formal end to marriage. The actual divorce process in Australia is often a fairly straightforward matter, but property settlements and parenting arrangements can become complicated.
In order to get a divorce in Australia, you need to show that you have been separated from your spouse for a period of 12 months and that you have no chance of reconciliation. If you have reconciled with your partner for a period of three months or more, the 12-month period resets.
You may be separated but live under the same roof. This situation often occurs when parents separate but still want to care for their children together while they finalise new living arrangements. For this separation to count towards your required 2 months, there needs to be evidence that the separation is a genuine one.
To officially divorce you will need a court order. To get this the court may require you and your ex-partner to attend the court proceedings. It typically takes about four months from the time you file for divorce for a divorce order to be finalised.
Your ex-partner does not have to agree to the divorce and cannot oppose an application for divorce except in very specific circumstances, such a disagreement with the date of separation. Not wishing to be divorced is not a ground to oppose it.
Divorce under the Family Law Act is on a no-fault basis. The only requirement necessary is that the marriage has irretrievably broken down. This is evidenced by the 12-month separation required prior the application for divorce being filed.
Courts can decline to make a divorce order in certain situation, including if it’s not satisfied with the care and financial support of children of the marriage.
You can only remarry once your divorce order is final. If you wish to remarry you need to ensure you have allowed sufficient time for your divorce to be finalised.
If you’ve been married for less than two years, you’ll also be required to attend counselling with your ex-partner before divorcing. But if your partner won’t attend counselling, you’ll still be able to get divorced.
You will need proper parenting arrangements in place if you have children under the age of 18 before you’ll be granted a divorce order.
The court that has jurisdiction to deal with divorce is the Federal Circuit and Family Court of Australia (the Court). While the Court will grant your divorce order, they encourage parties to handle the other matters – such as parenting and property – privately. If you do need to go to the Court for orders, you’ll need to attempt to settle any issues through mediation first.
The divorce process in Australia is fairly simple. It typically requires only five steps.
Separate
There are no legal requirements for separation. Separation occurs when one partner decides to separate, tells the other person, and acts on that decision.
Lodge your divorce application & pay the filing fee
You may lodge your divorce application after you have been separated for 12 months and one day. You can lodge jointly with your ex-partner or by yourself. You can lodge your application and the accompanying documents via the Commonwealth Courts Portal or email. You’ll also need to pay the required filing fees
Serve your divorce papers
Under the Federal Circuit and Family Court of Australia (Family Law) Rules 2021, you are required to serve your divorce papers at least 28 days before any Court hearing. You can skip this step if you have filed a joint application.
The Court has instructions for serving on your ex, including via post or via hand.
Have your divorce hearing
Every divorce will have a hearing, however, if you and your spouse have filed jointly, and you don’t have any children under the age of 18, you likely won’t need to attend the hearing. Instead, the process is handled through written submissions.
If you are required to attend the hearing, you can expect that the Court will review your application before granting the divorce order.
Finalise divorce
Your divorce will become final one month and one day after the date of your hearing. You’ll receive a ‘decree absolute’ in the mail at that time, and you’re now free to marry once again if you like!
BONUS step. Finalise your other matters
When you get a divorce order, this simply ends your marriage. It doesn’t split your property pool, set out parenting arrangements, or indicate whether or how any financial support must be paid. These will need to be handled separately.
Sometimes, one or both partners to the marriage are residing overseas or your marriage took place overseas. This can add complications to your divorce proceedings here in Australia.
If your ex is overseas, but you are filing for divorce, you will need to serve them at least 42 days before the hearing in order to move forward with the divorce. If you are then required to attend the Court hearing, the overseas partner will be able to engage an Australian lawyer to attend on their behalf. In some circumstances, they may even be excused from attending.
You can still get divorced in Australia if you were married overseas in a few situations.
Speak to a lawyer to ensure that these requirements are met including what official translated documents must be filed in the court.
If you have assets that are located overseas, the Court will still consider these to be part of the marital property pool as long as they meet the requirements to form part of the pool generally. The Court can then make orders dividing those assets for the purpose of the property settlement.
However, Australian orders may be challenging to enforce outside of Australia. In some case you may need to seek assistance in the relevant foreign jurisdiction as well. Your lawyer will be able to help you navigate the intricacies of a foreign property division.
Australia will recognise a divorce overseas as long as it was obtained according to the laws of the country where it was granted. Under the Family Law Act, one of the parties to the divorce must have been a resident or citizen or the country or ordinarily reside in the country. It must also be the last place that the couple cohabitated.
As long as those requirements are met, your foreign divorce will be recognised here.
Same-sex marriages have been legal in Australia since 2017, and same-sex couples have exactly the same rights and obligations in marriage as heterosexual couples. This also means they have the same rights and obligations in divorce.
The legal requirements and processes for divorce apply equally to same-sex marriages. This includes no-fault divorce and the requirement that there be a 12-month separation prior to divorce.
LGBTQ+ clients deserve compassionate, knowledgeable legal representation that both provides legal advice and supports and considers their specific and unique concerns, particularly when it comes to divorce. Our team are proud to offer that to our clients.
03 9088 3184
Divorce solicitors guide individuals through the legal process of ending a marriage.
Proceedings for divorce Australia-wide involve more than dividing assets and setting parenting arrangements, as they also require addressing related financial and personal considerations. The no-fault system focuses on whether the marriage has irretrievably broken down, which can be difficult to interpret without clear information.
As such, understanding each step with advice from separation and divorce lawyers helps individuals and families achieve fair, structured and realistic outcomes based on their circumstances.
Australian Family Lawyers focus exclusively on family law and provide legal help for divorce proceedings, parenting and custody matters and financial matters. Our experienced divorce lawyers explain the legal requirements in plain language and support individuals in understanding their position and available options.
No matter if you require a divorce solicitor or a custody lawyer, our approach centres on clear communication and practical advice to help individuals navigate each stage of the process.
Divorce in Australia marks the legal end of a marriage, but it forms only one part of a broader process that may also involve financial and parenting considerations.
Australia’s no-fault system focuses on whether the marriage has irretrievably broken down, including meeting the 12-month separation requirement. This means that divorce doesn’t automatically lead to property division or care arrangements for children.
Such processes are managed separately and require additional legal decisions. At times, court representation for divorce may be necessary.
Recognising this early helps prevent important matters from being overlooked and supports more structured outcomes. Legal guidance from family law lawyers early in the process helps clarify these requirements. It also enables more informed and confident decision-making throughout the process.
Most family law matters in Australia are resolved through structured negotiation from divorce advice services rather than court proceedings, with a clear preference for settling disputes outside of court. These approaches are often faster, less confrontational and more practical for all parties involved.
To that end, even within the court system, it’s not uncommon for divorce lawyers in Australia to facilitate processes such as conciliation conferences, aiming to reach an agreement before a trial becomes necessary. Focusing on resolution early helps reduce emotional strain, manage legal costs and move matters forward more efficiently.
It’s also why seeking out divorce solicitors to get divorce legal advice is a great help.
Take family law firms Brisbane courts trust, for example: at Australian Family Lawyers, our divorce solicitors can better guide you through negotiation, mediation and other resolution pathways designed to achieve practical outcomes.
For instance, mediation provides a structured setting where a neutral third party supports clear communication and discussion. This process is typically more time-efficient and cost-effective than litigation, with many matters resolved within months.
Our leading national team manages cases with an understanding of both legal requirements and personal circumstances, offering experienced legal help for divorce, separation and other family law matters.
With offices nationwide, including locations in Victoria, New South Wales, Queensland, Western Australia, the ACT and the Northern Territory, we provide national coverage supported by local knowledge, allowing for consistent and coordinated support.
If you’re looking for a family lawyer Canberra-wide or elsewhere in the country, you can trust us to advocate for your and your family’s best possible outcomes at every turn.
Divorce timing in Australia depends on individual circumstances, but it generally follows a set legal framework. A period of at least 12 months and one day is required before filing for divorce. Once an application is submitted, it typically takes around 4 months for the court to issue a divorce order.
Understanding these timeframes supports better planning and helps you manage each stage of the process with greater clarity and certainty.
If negotiations and mediation through divorce solicitors don’t resolve the matter, your divorce solicitor may represent you in court.
Court proceedings may become necessary when other pathways don’t lead to an agreement, and your solicitor prepares the required evidence, documentation and submissions for hearings.
Whether you’re looking for a “divorce solicitor near me” or a child custody lawyer, we offer fixed-fee services for certain matters, which helps provide cost predictability. A cost estimate is provided after your initial consultation.
We understand that navigating a family law matter can be both emotionally and financially challenging. We’re committed to transparency, fairness and providing clarity around legal costs, so you can move forward with confidence. We accept a range of payment and funding options to ensure you can access the legal support you need, when you need it.
We focus exclusively on family law and provide support across divorce, parenting and financial matters.
Following our merger with Watts McCray and Kordos Lawyers, we operate as one of Australia’s largest specialised family law firms, with a leading national team, including a large number of Accredited Family Law Specialists managing matters across multiple jurisdictions.
Our approach prioritises early resolution, supported by a national presence that allows for consistent service across various legal settings.
Whether you require a child support lawyer or need a solicitor for divorce in Australia, contact us about a consultation today.
Disclaimer: The articles and information provided on this website are intended for general informational purposes only. While we strive to ensure the accuracy and relevance of the content at the time of publication, we cannot guarantee that it will remain up to date indefinitely, due to changes in legislation and case law.
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We are a committed team of family lawyers dedicated to the swift and dignified resolution of your divorce. We know that divorce can be complicated and emotional, and our Australian team of divorce lawyers are here to ensure your divorce is finalised as quickly and painlessly as possible.
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