Divorce is a significant life event that can be emotionally and legally complex. If you’re considering divorce or in the midst of one, understanding the legal process can help reduce stress and empower you to make informed decisions. At Shore Lawyers, we’re here to guide you through every step with clarity and care.
- Meeting the Requirements for Divorce
Before filing for divorce in Australia, you must meet specific legal criteria:
- Marriage Breakdown: The marriage must have irretrievably broken down, demonstrated by living separately for at least 12 months.
- Jurisdiction: At least one spouse must be an Australian citizen, permanent resident, or have lived in Australia for at least 12 months before filing.
- Marriage Certificate: A copy of your marriage certificate is required when applying for divorce.
If these criteria are met, you can proceed with the divorce application.
- Filing for Divorce
You can file for divorce individually or jointly with your spouse. This involves:
- Preparing Documents: Complete and lodge an application for divorce through the Federal Circuit and Family Court of Australia (FCFCOA).
- Paying the Filing Fee: The standard filing fee is $1,060 (as of 2025), but fee reductions are available for those eligible.
- Serving the Application: If filing individually, you must serve a copy of the application to your spouse.
Our experienced team at Shore Lawyers can assist with the preparation and filing of these documents to ensure accuracy and compliance.
- Attending the Divorce Hearing
For most uncontested divorces, a court hearing may not be required. However, if there are disputes or children under 18 involved, the court may schedule a hearing to ensure appropriate arrangements for the children are in place.
At Shore Lawyers, we will represent you during the hearing and help address any concerns the court may have.
- Parenting and Property Matters
It’s important to note that divorce only ends the legal marital relationship; it does not automatically resolve issues related to:
- Parenting Arrangements: Who the children will live with, time spent with each parent, and other care responsibilities.
- Property Settlements: Division of assets, liabilities, and superannuation.
You have a 12-month time limit after the divorce is finalized to file for property and financial settlements. Our team will ensure your parenting and property matters are handled efficiently and fairly.
- Finalizing the Divorce
Once the court approves your application, the divorce becomes final one month and one day after the hearing date. You will then receive a divorce certificate, which serves as legal proof of the dissolution of your marriage.
Common Questions About Divorce in Australia
Q: Can I get divorced if my spouse doesn’t agree?
Yes. Australia has a no-fault divorce system, meaning the court does not consider the reasons for the marriage breakdown. As long as you meet the separation requirements, you can file for divorce.
Q: What if we still live under the same roof during separation?
You can still apply for divorce, but you must provide evidence showing that you lived separate lives despite being in the same household.
Q: Can I include parenting or property orders in the divorce application?
No. Parenting and property disputes are separate legal processes. You will need to file separate applications to resolve these matters.
How Shore Lawyers Can Help
Navigating the divorce process can be overwhelming, but with Shore Lawyers by your side, you can feel confident and supported at every stage. Here is how we assist:
- Personalised Advice: Tailored guidance based on your unique circumstances.
- Document Preparation: Accurate and timely preparation of all necessary legal documents.
- Representation: Professional advocacy in court hearings or negotiations.
- Comprehensive Support: Assistance with related matters, including parenting arrangements and property settlements.
Why Choose Shore Lawyers?
At Shore Lawyers, we pride ourselves on offering compassionate, results-driven legal services. We understand the emotional toll of divorce and strive to make the process as smooth and stress-free as possible.
Conclusion
Divorce marks the end of one chapter but also the beginning of a new one. By understanding the divorce process in Australia and seeking professional guidance, you can protect your rights and plan for a brighter future.
If you’re considering divorce or have questions about the process, contact Shore Lawyers today. Our experienced team is ready to support you every step of the way.
