Family Law

Why Divorce Matters (and What Counts)

Twelve months’ separation — even under one roof — is the legal starting point. We take the time to explain the requirements and support you with care and understanding.

Understanding Divorce in Australia

Divorce legally ends a marriage; it doesn’t decide parenting or property. Australia is ‘no-fault’: the only ground is irretrievable breakdown shown by 12 months of separation. ‘Separation under one roof’ can count where you live independently despite sharing a home. We’ll help you evidence this clearly.

Things to Consider

Following a divorce order, property and superannuation matters may still need to be finalised by court orders, consent orders, or a binding financial agreement. Service requirements must be properly addressed, and statutory time limits apply to property and spousal maintenance applications. We help draft this articulately.

What to expect

Step 1 — Eligibility & separation
After listening, we confirm the 12-month separation (including “under one roof” if applicable), check any earlier attempts, and choose the right path (sole or joint).

Step 2 — Application & service
We prepare the electronic application, annexures and any supporting affidavits with care. If service is sensitive or difficult, we explore substituted/dispensed service and keep you informed.

Step 3 — Hearing & order
We monitor dates, explain attendance requirements, and handle court questions. Your divorce becomes effective one month and one day after it’s made; we’ll remind you of next steps.

What we’ll need from you

• Marriage certificate (and certified translation if not in English).
• A short, honest timeline of separation (including “under one roof” details if relevant).
• Contact details for service, plus any safety or privacy concerns.
• If children are under 18: a brief note on living, schooling and health arrangements.

Timing, next steps & limits

Most straightforward matters finalise within a few months of filing. Divorce does not settle parenting or property — if that’s weighing on you, we can progress consent orders or a BFA sooner so you have certainty. Property/maintenance usually has time limits after divorce is final; we’ll safely diarise those for you.

Frequently Asked Questions

How long does a divorce take in Australia?

If your application is complete and service is done correctly, the hearing is typically scheduled within a few months. A divorce order takes effect one month and one day after it’s made.

Do I need my spouse’s consent to get a divorce?

No. You can apply on your own (a sole application). You must properly serve the papers and provide evidence of service.

We’re still living together — can we be ‘separated’?

Yes. ‘Separation under one roof’ can count if you live separate lives (finances, sleeping arrangements, social presentation) and provide supporting affidavits.

Do I have to go to the divorce hearing?

Often no, especially for joint applications without children under 18. For sole applications or where children are involved, attendance may be required.

Does divorce include property settlement or parenting orders?

No. Divorce only dissolves the marriage. Property/parenting are separate processes that can be finalised sooner via consent orders or agreements.

Is there a time limit for property settlement after divorce?

Yes. Generally 12 months from when the divorce becomes final. For de facto relationships, it’s usually within 2 years of separation.

How much does a divorce cost?

There’s a court filing fee (reduced in approved circumstances). Legal fees depend on complexity, service issues, and whether it’s a joint or sole application.

Can I apply for divorce online?

Yes. Applications are filed electronically via the Commonwealth Courts Portal, with supporting documents uploaded and fees paid online.

Clear guidance. Steady support.

If your situation feels uncertain, you don't have to navigate it alone. We take the time to understand your goals, explain the options in plain language, and help you move forward with confidence.

What you can expect

  • • Calm, clear advice
  • • A practical plan tailored to your goals
  • • Steady updates and responsive communication

More ways we can help