Separation and divorce lawyers
The end of a relationship often involves far more than the legal process itself. We give you clear advice from the first conversation, so you know where you stand and what to do next.
Start with a free 20-minute discovery call. Meetings across Australia, in person or online.
Decisions about children, financial security, property, business interests and future planning are frequently interconnected, with choices made early shaping future outcomes.
Florens Family Law provides strategic legal advice and, where appropriate, coordinates access to trusted financial advisers, accountants, mortgage brokers, property specialists and family therapists to help you make informed decisions and move forward with confidence.
How we can assist
Whether you are considering separation, recently separated or working towards a final resolution, we provide practical advice tailored to your circumstances and priorities.
Separation advice
Early advice to help you understand your position, identify priorities and make informed decisions.
Divorce applications
Preparing and managing divorce applications, including joint and sole applications.
Learn moreParenting arrangements
Advice regarding parenting responsibilities, living arrangements and future decision-making.
Learn moreProperty settlements
Negotiating and documenting financial settlements involving property, superannuation and other assets.
Learn moreSpousal maintenance
Advice regarding financial support obligations following separation.
Mediation and negotiation
Resolving disputes through negotiation, mediation and other alternative dispute resolution processes.
Learn moreConsent orders
Formalising agreements through legally binding Court Orders.
Urgent applications
Urgent advice where immediate action is required to protect children, assets or financial interests.
If your separation involves a family business, trusts, property portfolios or intergenerational wealth, see business and complex asset structures.
The divorce process, step by step
Applying for a divorce is usually straightforward. Problems tend to arise with eligibility, finding documents, serving papers, or disagreement about when you separated. Here is what to expect.
Call 1300 739 954Check you are eligible
You must have been separated for at least 12 months and one day, and at least one of you must be an Australian citizen, live in Australia and regard it as home, or have lived here for the past 12 months. Marriages from overseas are generally recognised.
Prepare your application
You can apply together (a joint application) or on your own (a sole application). You will need your marriage certificate, with a certified translation if it is not in English, and details of any children under 18. If you were married for less than two years, a counselling certificate is usually required.
File with the Court
Divorce applications are filed online through the Commonwealth Courts Portal, and a filing fee applies. A reduced fee is available for eligible concession holders. Current court fees are listed on our finance options page.
Serve your former spouse
For a sole application, the papers must be served on your former spouse at least 28 days before the hearing, or 42 days if they are overseas. We can arrange service, or apply for other options if your former spouse cannot be found.
The hearing
Many hearings are short and held electronically. You usually do not need to attend if you applied jointly, or if you applied alone and there are no children of the marriage under 18.
Your divorce takes effect
The divorce order takes effect one month and one day after it is made. From then, you are free to remarry, and the clock starts on the time limit for property claims.
“What makes Suvarna truly exceptional is not just her legal expertise, but the humanity, conviction and genuine care she brings to those she represents.”
Considering separation?
Understand your options before making important decisions.
Who you’ll work with
Laura Dowling
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Dr Suvarna Variyar
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Rachael Aydami
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Dan Farkhutdinov
View profileSeparation can take a real toll on you and your children. Our family wellbeing practitioner, Karly O’Shea, can support you and your parenting alongside your matter, starting with an optional, complimentary wellbeing assessment. Family wellbeing support
Common questions about separation and divorce
How long does a divorce take?
Once the application is filed, the Court lists a hearing date, usually some months later. If the divorce is granted, it takes effect one month and one day after the hearing. Delays usually come from difficulty serving papers or disagreement about the separation date.
Do we have to be separated for 12 months?
Yes. You must have been separated for at least 12 months and one day before you can apply. You can, however, get advice and start working on parenting and property arrangements straight away.
Can we be separated while living under the same roof?
Yes. Many couples live separately under one roof for financial or family reasons. The Court will need extra evidence, usually affidavits explaining how your relationship changed, and we can help you prepare them.
Do I need my former spouse to agree to the divorce?
No. If your former spouse will not sign a joint application, you can apply on your own. The papers then need to be served on them before the hearing.
Does a divorce settle property and parenting?
No. A divorce only ends the marriage. Property, superannuation and parenting arrangements are dealt with separately, ideally by agreement formalised in consent orders or a binding financial agreement.
Is there a time limit for property settlement?
Yes. For married couples, property and spousal maintenance applications must generally be made within 12 months of the divorce taking effect. For de facto couples, the limit is two years from separation. It is important to get advice before these deadlines pass.
We married overseas. Can we divorce in Australia?
Usually, yes, if you meet the eligibility requirements. You will need your marriage certificate, and a certified translation if it is not in English.
What does it cost?
Your first step is a free 20-minute discovery call, where we listen, explain your options and outline what working with us could look like. If you go ahead, we explain costs clearly at the outset.
This is general information, not legal advice for your situation.
Every separation is different.
Whether you are considering separation, recently separated or working through complex financial and parenting issues, we invite you to arrange a confidential consultation to discuss your circumstances and options.
