Clear assistance through the Australian divorce process

Divorce is the legal process that ends a marriage. Australia has a no-fault divorce system, so the Court does not determine which spouse was responsible for the breakdown.

The Court must be satisfied that the marriage has broken down irretrievably and that the parties have been separated for at least 12 months and one day, with no reasonable likelihood of resuming married life.

Eligibility to Apply

The Court must also have jurisdiction based on the Australian citizenship, domicile or ordinary residence of at least one spouse. An official marriage certificate is generally required, together with an appropriate translation if it is not in English.

Separation Under One Roof

Spouses may be separated while continuing to live at the same address. Additional affidavit evidence may be needed to show that the marital relationship ended, including changes to sleeping arrangements, finances, domestic responsibilities and social life.

Joint and Sole Applications

A divorce application may be made jointly or by one spouse alone. A joint application usually does not require formal service. For a sole application, the documents must be served by another person, and substituted service or dispensation may be required if the other spouse cannot be located or avoids service.

Children Under 18

If there are children of the marriage under 18, the Court must be satisfied that proper arrangements have been made for their care, welfare and development. The divorce itself does not determine parenting arrangements.

Divorce Is Separate from Other Matters

A divorce does not divide property or superannuation, determine responsibility for debts, make parenting arrangements, provide child support or spousal maintenance, or replace a Will. These matters may need to be addressed separately.

Important Property Time Limit

After a divorce becomes final, a party generally has 12 months to commence proceedings for property division or spousal maintenance. Court permission is usually required to apply after that period and is not guaranteed.

How We Can Help

◆ Assessing eligibility and preparing joint or sole divorce applications

◆ Preparing evidence for separation under one roof

◆ Assisting with overseas marriages and translated marriage certificates

◆ Arranging service and applying for substituted service or dispensation

◆ Responding to disputed applications and attending hearings where required

Move Forward with Confidence

We can manage the procedural requirements, explain how divorce affects related family law matters and guide you through each stage of the application.