The breakdown of a marriage is a very emotional and uncertain time. Our team of experienced family lawyers work closely with clients to understand every important step of the divorce and separation process, to ensure a fair outcome is reached.

Divorce in Australia follows the no-fault principle, meaning the court does not need to know the reasons for the divorce. In order to obtain a divorce in Australia you must satisfy the court that:

  • you have a valid marriage by producing the marriage certificate;
  • There has been an irretrievable break down in the marriage;
  • You have been separated for at least 12 months;
  • If you have been married for under 2 years, that you have attended marriage counselling
  • If there are children of the marriage under 18, that proper arrangements have been made for the care, welfare and development of those children; and
  • The application has been properly served on the other party.

If the court is satisfied of the points above, it will grant an order for divorce. This order takes effect 1 month and 1 day after the decree nisi (the divorce order).

Divorce means the parties are no longer married. Divorce is not a property order and does not determine how property is divided between former the parties. A divorce does not deal with issues relating to child custody and parenting arrangements. If you have joint property with your former spouse you need to agree on how it is to be divided or go to Court to have a judge decide.

Your Will may be affected by a divorce. Any benefits left to your former spouse no longer apply. You may want to change your nominated beneficiaries in your superannuation fund to remove your former spouse.

The Family Law Act also provides generally the same rights to de facto couples who have separated to deal with property and children’s arrangements.

Our experienced team of family lawyers assist clients navigate through the divorce and separation process, and ensure all matters relating to the separation have been carefully considered and dealt with. Our family lawyers understand the process of divorce and separation can be daunting, emotional and very stressful for those involved, and work with you through each stage of the process to achieve the best possible outcome so you can get on with your new life.

Talk to one of our expert lawyers today.