After you have been separated for 12 months, the process for filing a divorce in Australia is as follows. Yes, you can apply for a divorce in Australia even if you were married overseas. However at least one partner must be an Australian citizen, a resident, or living in Australia and intends to continue doing so.
You are not legally required to engage a lawyer when getting a divorce in NSW or anywhere else in Australia. If you are planning on separating without getting an official divorce you should immediately seek legal advice to get an understanding of your rights and obligations moving forward. However, you will not be able to remarry someone divorce attorney near me canterbury else until you get a divorce. Staying married also impacts your rights and obligations concerning financial matters and any Wills & Estates-related documents that are in place. Whether you have decided to file or have already been served papers, contact our divorce lawyers in Newcastle, Maitland or Sydney to commence your case.
We understand the urgency of these situations and provide rapid response to help clients obtain the protection they need while supporting them through the legal process. Expert handling of international family law matters including cross-border divorce, child abduction, and international asset division. She strives to find the most pain-free and dignified path for her clients to reestablish themselves following separation. Kate guides her clients sensitively through the family law process, using mediation and litigation strategically as required.
If, however, the period of reconciliation lasts for more than three months, then the previous period of separation will not “qualify” towards the 12 month period, and the clock will start “ticking” afresh. In most cases, separation is “clear cut”, in that one person usually leaves the matrimonial home at or almost immediately after the communication of the separation between the spouses. However, it is not uncommon for parties to separate yet to continue to remain living “under one roof” i.e. living together but not as spouses on a genuine domestic basis. This is why the Divorce Application itself involves quite a lot of detail regarding the children’s living arrangements, health, education and general welfare.
If you already have an agreement prepared, our legal team will review the agreement for a fixed price of $1,650 incl GST and disbursements. If you are amicable with your child’s other parent, a binding agreement can be prepared without the need of going to court for $2,400 incl GST and disbursements. We offer no-charge consultations, valued at $350 It is important to our team you are as informed as possible before committing any further. If you are making a joint application, you do not need to go to Court. Find out how the amendments to the Family Law Act in 2024 and 2025 have transformed how parenting orders affect families.
Section 55A of the Act provides that the court needs to be satisfied that if there are children under the age of 18, that proper arrangements have been made for the care, welfare and development of the children. This may be by way of court order, parenting plan or informal agreement. If you would like to apply for a divorce but have been married for less than two years, you must attend counselling to discuss the possibility of reconciling with your spouse. Alternatively, you can seek the permission of the court to apply for a divorce without attending counselling, by filing an affidavit with your divorce application. We can draft the divorce application and supporting affidavit for you.
Established in 2013, the firm has built an award-winning reputation for providing unmatched legal advice and representation in Canberra and surrounding regions. They understand the emotional challenges that often accompany family legal matters and aim to be allies and a legal force amidst the intricate complexities of family matters. We offer legal support and advice for families and individuals across a wide range of issues.
The sole ground for divorce in Australia is “irretrievable breakdown of marriage”. This ground is proved by demonstrating to the Court that you have lived separately and apart for more than one year, and that there is no prospect of cohabitation being resumed through a reconciliation. Australia will recognise a divorce overseas as long as it was obtained according to the laws of the country where it was granted. Under the Family Law Act, one of the parties to the divorce must have been a resident or citizen or the country or ordinarily reside in the country. You can still get divorced in Australia if you were married overseas in a few situations.
These fact sheets are designed to provide an overview of the relevant issues and systems so that you have a better understanding of the process. Having an up to date Will is a really important way of making sure that your family and loved ones are taken care of – even after you die. A legal Will is a document that names the people you want to receive the things that you own after you die. Child support or Centrelink Applications can also assist in clarifying any ambiguities, but something in writing from the other party is the best and most obvious means of proving your position regarding the separation date. Nowadays, the Applicant need only prove separation for 12 months before a divorce can be granted – the fault of the other party is immaterial, and even the so-called “guilty party” can be the Applicant. If you cannot locate your former spouse or there has been family violence during the relationship, then an Affidavit may be filed as opposed to a Certificate.
It may also hear other Family Law matters, such as property settlements, parenting orders, child support and spousal maintenance. Understanding your needs is paramount when providing legal advice and drafting divorce documents. Our family lawyers collaborate closely with you, tailoring each step to your unique circumstances. Canterbury Family Law is a dedicated family law firm based in Melbourne’s Eastern suburbs.
In divorce settlements there’s no need for disputes because both spouses willing agree to the terms of the other party and after the conclusion of the divorce, both parties can move on with their lives. With almost two decades experience in the legal profession, Anna is a compassionate and practical family lawyer who is dedicated to helping people navigate some of life’s most challenging moments. Driven by a genuine desire to support individuals and families, Anna brings a balanced and empathetic approach to resolving family law disputes with dignity and care. David is a Senior Partner at Vardags, and as of November 2025, is the Head of London Family.
We're big enough to meet your needs but small enough to offer you personal support, so please take the next step and get in touch. We work with you and can support you remotely by phone or video conference if you don't want face to face meetings. You can be confident we will explain our costs up front, and you will only be charged fair fees. We keep your costs down by giving you the tools to give us the information we need. We offer all the services you will need for your separation, divorce, parenting agreements, property settlements, mediation, binding financial agreements, and more.
A lawyer with too many clients and too little time may not provide the attention and effort your case requires. Lawyers with manageable caseloads are more likely to provide focused and personalised attention to each client. We chose lawyers who balance their workload effectively to avoid over commitment. The breakdown of a relationship is never easy regardless of your situation.
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