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.
To apply for a divorce in Australia, you’ll generally need to show:
You can apply on your own (a sole application) or together with your former spouse (a joint application):
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).
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.
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.
Not every divorce is straightforward. We regularly assist clients with more complicated circumstances, including where:
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.
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.
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.
In most cases, no. Most applications, including sole applications involving children, are dealt with without a hearing.
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.
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.
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.
