Family Law Services › Divorce & Separation
Divorce & Separation Lawyers — Know Where You Stand
A divorce requires 12 months of separation — but the legal complexity begins well before you file. Property settlement, parenting arrangements, and financial support obligations all need to be addressed separately to the divorce itself. Get connected with a divorce lawyer for a free, confidential consultation.
⚠ Property settlement claims must be started within 12 months of your divorce order. Courts rarely grant extensions. Get legal advice now before your window closes.
What We Help With
Divorce and separation matters handled at every stage.
Divorce is a no-fault process — but the legal, financial, and parenting arrangements that flow from separation require careful handling. A family lawyer can help you at any stage.
Divorce Application
Filing a sole or joint divorce application in the Federal Circuit and Family Court of Australia after the 12-month separation period has been completed.
Separation Under One Roof
When you and your spouse have separated but continue living in the same house — establishing the date of separation and evidencing it for the court.
Property Settlement Advice
Advising on your entitlements to the matrimonial asset pool — including real estate, superannuation, business interests, and other assets — before the 12-month post-divorce deadline.
Parenting Arrangements
Formalising or negotiating parenting arrangements for children as part of the separation process — either by consent order or court-ordered parenting plan.
Interim Arrangements
Urgent applications for interim property, parenting, or maintenance orders while the overall separation is being resolved — to stabilise the situation quickly.
Overseas or Offshore Divorce
Advice where one party is overseas, where a foreign divorce needs to be recognised, or where assets or children are located outside Australia.
What the Law Says
Divorce — the rules most people don't know.
The Family Law Act 1975 established the no-fault divorce system. Understanding how it works prevents costly mistakes.
You must be separated for 12 months before you can apply for divorce
Under section 48 of the Family Law Act 1975, the only ground for divorce is irretrievable breakdown of marriage — evidenced by 12 months of continuous separation. Fault-based divorce was abolished in 1975. The 12-month period can be satisfied even if the parties live under the same roof ("separation under one roof"), but this requires supporting evidence including statutory declarations from third parties.
Divorce does NOT resolve property or parenting — these are separate proceedings
A divorce order ends the marriage — nothing more. It does not deal with property, superannuation, or parenting arrangements. These must be resolved separately, either by consent orders (a written agreement approved by the court) or contested proceedings. Many people make the mistake of thinking the divorce "covers everything" and then discover they have missed the 12-month window to apply for property settlement.
You have 12 months after divorce to apply for property settlement
Once a divorce order takes effect (one month and one day after it is made), you have exactly 12 months to commence property settlement proceedings in the Federal Circuit and Family Court. After that, you require the court's leave — which is only granted if you can show you would suffer hardship without it, and that there is a prima facie case. Courts are strict about this deadline. Early legal advice is essential to protect your entitlements.
There are special rules if there are children under 18
If there are children of the marriage under 18, the court must be satisfied that proper arrangements have been made for their welfare before granting a divorce. This does not require the parenting arrangements to be finalised by court order — but if no arrangements are in place, the court may require a hearing before the divorce is granted. Having legal advice before filing protects both the divorce application and your parenting position.
Marriage breakdown date affects superannuation splitting
The date of separation affects superannuation splitting calculations. Superannuation accumulated from the start of the relationship to the date of separation is generally treated as a joint asset for the purpose of property settlement — even though super is held in one person's name. Establishing the correct separation date, and documenting it, is important for protecting both parties' superannuation entitlements.
You can remarry only after the divorce order takes effect
A divorce order in Australia takes effect one month and one day after it is pronounced by the court. You cannot legally remarry until the order is in force. A certificate of divorce is issued by the court and is required for a subsequent marriage. If you have applied for a foreign divorce, legal advice is needed to confirm whether it is recognised in Australia before any plans to remarry.
How It Works
One request. The right divorce lawyer.
Describe your situation in plain language — where you are in the process, whether there are children or property issues, and any urgency. A family lawyer will follow up for a free consultation.
Submit Your RequestDescribe your separation
Tell us the key facts — when you separated, whether you have children, whether property has been divided, and any urgency (e.g. 12-month deadline approaching).
Matched to a family lawyer
Your request is matched to a family lawyer with experience in divorce applications, property settlement, and parenting matters in your state.
Free consultation arranged
A family lawyer contacts you to assess your matter and advise on your options — including whether property and parenting need to be resolved before you file for divorce.
Common Questions
Frequently asked questions.
How long does the divorce process take?
Most uncontested divorce applications are finalised within 3 to 4 months of filing. There must be a 12-month separation period before you can file. If the application is uncontested (or a joint application), a hearing is usually not required and the divorce order is made administratively. The order then takes effect one month and one day later.
How much does a divorce cost?
The court filing fee for a divorce application in the FCFCOA is currently around $1,060 (reduced fees apply for financial hardship). Legal fees vary depending on whether you use a lawyer and whether the divorce is contested. An uncontested sole or joint application can be straightforward; legal advice on property and parenting matters alongside the divorce application is strongly recommended.
Can I get divorced if my spouse doesn't agree?
Yes — divorce is a no-fault process, so you do not need your spouse's consent. If you file a sole application, your spouse must be served and has the opportunity to respond. The only ground is 12 months of separation; their agreement is not required.
What happens to property when you divorce?
Property is not automatically divided when you get divorced. You must apply separately for property settlement orders — either by consent (agreed orders filed with the court) or by contested proceedings. The 12-month post-divorce deadline is critical. Many couples finalise property arrangements before applying for divorce, or by consent orders made at the time of the divorce, to avoid missing this window.
Do I need a lawyer to get divorced?
You are not legally required to use a lawyer for an uncontested divorce application. However, legal advice is strongly recommended before you file — particularly to ensure that property and parenting matters are addressed and the 12-month property settlement deadline is understood. Missing the deadline can result in losing entitlements you would otherwise have been granted by the court.
What is "separation under one roof"?
You can be legally separated even if you continue living in the same property as your spouse — this is known as "separation under one roof." The court recognises this as valid separation if it is evidenced by changed sleeping arrangements, separate finances, communication to family and friends, and statutory declarations from independent witnesses. A lawyer can advise on what evidence you need to establish your separation date.