In Australia, before applying for a divorce, the law requires that you be separated for a minimum of 12 months. Additionally, it is crucial to make proper arrangements for the welfare of children before court proceedings begin to grant a divorce.

It’s possible to be separated from your partner while living in the same household. This often happens when parents separate but still want to take care of their children while finalising the parenting arrangements. It’s important to provide evidence that the separation is genuine.

The applicant typically pays for divorce filing, but the former spouse may agree to split the expense.

Typically, a divorce can take three to four months to go through the court proceedings.

A judicial officer’s decision is based on the specific circumstances of each case. Therefore, each property settlement will be unique. The court will evaluate each applicant’s income, assets, and available resources, as well as their future earning potential. The importance and weight given to each of these factors will depend on your individual circumstances.
By working with a family law firm, we can guide you through this process and increase your chances of a successful outcome.

It is common to avoid going to Family Court. This is done by utilising Family Mediation. Our divorce lawyers can guide you through mediation to help you avoid any disputes.

Divorce doesn’t address property or children matters. You will need to apply for settlement and custody within 12 months of divorce.

There does not need to be a reason or a person at fault for the separation for a divorce to be granted.

Prior legal advice before divorce will help you understand your entitlements related to property and children.

It will enable you to negotiate better during mediation and ensure a fair outcome for you and your family.