A divorce formally ends your marriage. We make the application straightforward and make sure the questions that matter more, your children and your finances, are dealt with properly and on time.
Start with a free 20-minute discovery call. Meetings across Australia, in person or online.
Many people are surprised to learn that a divorce deals only with ending the marriage. It does not decide where the children live or how property is divided.
Those questions are resolved separately, through agreement or court orders. Applying for divorce also starts a 12-month clock for property and spousal maintenance claims, so timing matters.
We prepare and file your application, deal with service and the hearing, and make sure nothing important is left behind.
Separated under one roof?
You can still apply for divorce if you lived in the same home for some or all of the 12 months, but the Court will need extra evidence that the relationship had ended.
We help you prepare the supporting affidavits so the application is not delayed.
You must have been separated for at least 12 months before applying.
Prepare the application
A joint or sole application is filed with the Federal Circuit and Family Court of Australia.
Serve your former spouse
For a sole application, the other party must be formally served.
Attend the hearing if required
Many divorces are dealt with without either party attending, but attendance is required in some cases, such as a sole application where there are children under 18.
The divorce order is made
The Court must be satisfied the marriage has broken down and proper arrangements are in place for any children under 18.
The divorce takes effect
The order takes effect one month and one day after it is made. You can then remarry.
“What makes Suvarna truly exceptional is not just her legal expertise, but the humanity, conviction and genuine care she brings to those she represents.”
How long do I have to be separated before I can divorce?
At least 12 months. You can have been separated while still living under the same roof, but you will need extra evidence.
Does divorce decide property and parenting?
No. Divorce only ends the marriage. Property and parenting are resolved separately, by agreement or court orders.
Is there a time limit after divorce?
Yes. Property and spousal maintenance applications must generally be filed within 12 months of the divorce taking effect. After that, you need the Court’s permission.
Do we need to go to court?
Often not. Joint applications, and sole applications without children under 18, can usually be decided without attending.
We married overseas. Can we divorce in Australia?
Yes, if either of you is an Australian citizen, lives in Australia and regards it as home, or has lived here for at least 12 months.
What if we were married for less than two years?
You will usually need a certificate showing you have considered reconciliation with a family counsellor, or the Court’s permission to proceed.
