Can I apply for Divorce?

To apply for divorce within Australia you need to have been separated for at least one year and have no chance of reuniting with your former partner. For us to help you, one of the parties needs to be an Australian Citizen, and regard Australia as their home (or have lived in Australia for 12 months prior to the divorce). We’ll help you with everything you need to apply – all you need to do is get in touch below.

Why Would You Need A Lawyer?

  • We’re not like other lawyers

    We put the power back in your hands with our positive approach to Family Law. We believe it’s in the best interests of both parties for everyone to move on smoothly, so we work to find equitable solutions on your behalf. We’ll support you through this difficult time, and give you the information you need to feel confident about the way forward. We can help if you’d like to proceed with divorce and need advice about the paperwork, or if you’ve been served and have issues with some of the information your ex-partner has provided – either way we’ll help you get the record straight and avoid any hiccups.

  • We’ll establish if you can apply and help you to move forward

    Divorce is no longer a dirty word, in fact, your divorce can be a time of growth and renewal. Although many separating couples can sort out their divorce without help, it is always a good idea to speak with us and get some advice if you have any concerns. We’ll help you understand everything you need to know to apply, and then make sure everything runs as smoothly as possible; so you can move on quicker (even if your ex-partner is making life difficult).

A Complex Process Made Easy

Our team can take you through every step, from establishing grounds to attending court if required.
  • Step 1

    Establish Grounds

    We’ll help you find out if you’re eligible to apply for divorce, and show you the best way to file, whether that be a joint or sole application. Most people apply with a joint application, but even if your ex doesn’t agree to the divorce, you are still able to apply, as long as you follow every step with serving and filing your papers – this is a good example of a time when we can assist.

  • Step 2

    Apply For Divorce

    Whether you want us to fill in the documents on your behalf, or are happy to do this part (and save some money) you need to complete the paperwork required by the court. The Federal Circuit Court has an excellent do-it-yourself guide, and most people are able to fill in their own documents. However, there are times when you may need help, such as if you don’t know where your spouse is, and that’s where we come in.

  • Step 3

    Attending Court

    You may have to go to court as part of your application, but we can come with you (or appear on your behalf). Most people applying for divorce don’t need to appear, but if your situation is complicated then you will possibly be required to attend. If you’ve been married less than 2 years or have children under 18 then you need to appear. If so, we’ll help you prepare and get all your documents in order.

  • Step 4

    After your divorce

    One month and one day after your divorce hearing your divorce becomes final, and you can then marry again if you choose. That’s it – time to move on with confidence and start your new life. It’s wise to protect yourself with a formal property settlement though, even if you’ve agreed to it between you. We can help formalise this for you.

You must apply for any property settlement or spousal maintenance within 12 months of the divorce becoming final, or the court may not accept your application.

Ready for personalised advice on
your divorce?


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You can speak with our team for free on 07 3832 5999 or leave your details below and we’ll be in touch.

Get Personal Advice From A Specialist Divorce Lawyer Today.

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Call Us Now On: 07 3832 5999

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