Divorce & Separation
Divorce Orders is an official and legal end of a marriage. To obtain such order, an application for divorce and support documents must be electronically filed through the Commonwealth Courts Portal.
The family law team at Lawson Stanford Lawyers regularly assists clients with both seeking and responding to applications for divorce. We have extensive experience representing client at both straightforward and complex divorce applications.
Unlike marriage, there is no legal divorce process or required documentation to end a de facto relationship, though time limits apply for property settlement following a separation of a de facto relationship.
Use the button below to book an instant legal consultation, or a free call with an experienced family lawyer before proceeding with your divorce application.
Divorce and property settlement
A divorce application is separate from a property/financial settlement.
However, there are time limits to initiate court proceedings for property or maintenance orders:
- married couples have one year from the date their divorce order comes into effect
- de facto couples have two years from the date of separation.
If your marriage was declared void, you have 12 months from the date of the decree of nullity to apply for property or maintenance orders.
If you have already obtained a divorce but have not yet finalised your property settlement, it is important to seek legal advice as soon as possible.
Your property settlement can include the division of your real estate, shareholdings, vehicles, and any corporate entities or trusts. It can be settled by a financial agreement, or consent orders or litigation.
Considering separation or divorce?
You don’t need to be separated or divorced before you get family law advice. Many people find it useful to understand what their options might be, if they do decide to make the decision to separate. We are happy to speak to clients about their situation before they have made a final decision about separation.
You do not need to be separated or divorced before obtaining family law advice.
Many of our client find it helpful to understand their legal options before making a final decision about separation. Early legal advice can help you better understand issues such as parenting arrangements, property division, and financial responsibilities.
Our lawyers are happy to discuss your situation before you have made a final decision about separation.
Essential information for Divorce
Eligibility to apply for divorce in Australia
To apply for divorce in Australia, the following requirements must generally be satisfied:
- 12-month after separation: To apply for a divorce, you and your former spouse need to have been living separately for at least 12 months, which can include time living separately under the one roof.
- Consent/agreement is not mandatory: You can submit the divorce application by yourself (sole application) or together with the other party to the marriage (joint application).
- Jurisdiction: both spouses do not need to be living in Australia for a divorce order to be granted. However, at the time of filing the divorce application, either party, or both, must be:
- an Australian citizen; or
- domiciled/residing in Australia; or
- ordinarily residing in Australia and have been present in Australia for 12 months immediately prior to filing the divorce application.
Divorce when children are involved
If there are children of the marriage who are under 18 years of age it is important to provide details of child arrangements in the divorce application to the satisfaction of the court that property arrangement have been made for the children. However, the divorce proceeding itself does not to determine parenting arrangements.
We can draft your divorce documents to the satisfaction of the court, or we can review a divorce application prepared by your spouse or their lawyer.
Our family law team are experienced in advising you about the parenting arrangement and child support.
Estimate process of a divorce application
Once you have been separated for 12 months, the process for filing a divorce application in Australia is as follows.
- The divorce application and supporting documents are filed with the court
- The divorce documents are served on the other party
- The divorce hearing is to be scheduled depends on the capacity of the court. During the divorce hearing, if the court is satisfied all legal and jurisdictional requirements are met, the divorce is to be granted.
- The divorce order will be released final one month and one day after the divorce is granted.
Costs of a divorce application
We offer a fixed-fee pricing solution for certain family law services, including most kind of divorce applications, providing greater cost certainty, increased transparency and improved efficiency. More about fixed-fee service
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Frequently Asked Questions
Do I have to be in Australia while waiting for a divorce order?
Both parties do not need to be living in Australia for a divorce order to be granted
