Services

Divorce

Family separation and divorce are stressful events, and it helps to know exactly where you stand.

Obtaining a divorce is a separate legal process to dividing your property, sorting your finances, and deciding the arrangements for your children. A divorce order simply ends your marriage, it doesn’t deal with property settlement, spousal maintenance or parenting arrangements, these are handled separately.

Am I eligible to apply for a divorce?

To apply for a divorce in Australia, you’ll generally need to show:

• You and your spouse have been separated for at least 12 months, with no reasonable likelihood of getting back together. This is the only ground for divorce in Australia; you don’t need to prove fault on either side.
• You can still be “separated” even if you continued living under the same roof for some or all of that time, for example for financial reasons or for the sake of your children, but you’ll need to provide evidence of this to the Court, and we can help you prepare it.
• You or your spouse regard Australia as home and intend to live here indefinitely, are an Australian citizen, or have lived in Australia for at least 12 months immediately before applying

Applying for Divorce

You can apply on your own (a sole application) or together with your former spouse (a joint application):

• Sole application – you apply as the “applicant” and must formally serve the application on your former spouse (the “respondent”).
• Joint application – you and your former spouse apply together, and formal service isn’t required.

Applications are filed online through the Commonwealth Courts Portal. In most cases you won’t need to attend a Court hearing unless a hearing is specifically requested. Your divorce becomes final one month and one day after your hearing (or after your application is approved, if no hearing is required).

What about the children?

If you have children under 18, the Court needs to be satisfied that proper arrangements have been made for their care, welfare and development before it will finalise your divorce. This doesn’t mean you need final parenting orders in place, but it’s worth turning your mind to living, schooling and financial arrangements for your children early. We can help you put the right arrangements in place, whether informally, through a parenting plan, or through consent orders.

Time limits

Once your divorce becomes final, you generally have only 12 months to make an application to the Court for a division of your property. After that, you’ll need the Court’s permission to proceed, and this isn’t guaranteed. It’s important to get advice about your property and financial position well before this deadline, ideally before you apply for divorce at all, to ensure your interests are protected.

How we can help with more complex situations

Not every divorce is straightforward. We regularly assist clients with more complicated circumstances, including where:

• You and your former spouse continued living under the same roof after separating.
• You can’t locate your former spouse and need to apply for substituted service, or to have service dispensed with.
• Your marriage, or an earlier divorce, took place overseas.
• You have questions about parenting arrangements or property settlement alongside your divorce.

Ready to talk it through?

At Empower Family Law & Mediation, we have the knowledge and experience to guide you through your separation and divorce, and to help you understand your options for parenting arrangements and property settlement. Please call us on (03) 7020 6542 to discuss your situation and what we can do for your family.

FAQ’s

Do I need my former spouse's agreement to get a divorce?

No. You can apply on your own even if your former spouse doesn’t agree or doesn’t respond, provided you can show you’ve been separated for 12 months and properly serve them with the application.

How long does a divorce take?

Most straightforward applications take around three to four months from filing to your divorce becoming final, though this can vary depending on the Court registry and whether a hearing is required.

Will I have to go to Court?

In most cases, no. Most applications, including sole applications involving children, are dealt with without a hearing.

What if I don't know where my former spouse is?

We can help you apply for substituted service (for example, by social media or through a relative) or, in some cases, ask the Court to dispense with service altogether.

Does a divorce automatically sort out property or parenting arrangements?

No, a divorce order only ends the marriage. Property settlement, spousal maintenance and parenting arrangements are separate processes, and different time limits apply, so it’s worth getting advice on these at the same time.

Can I get divorced in Australia if I was married overseas?

Generally, yes, provided you meet the residency or citizenship requirements above. We can also assist if your marriage certificate is overseas or not in English.

Speak with us

Your first 30-minute consultation is free. Call (03) 7020 6542 or contact our team to discuss your circumstances and next steps.

Phone: (03) 7020 6542

Email: info@empowerfamilylaw.com.au

Let us be your voice in troubled times.

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