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).

Transparent Fixed Fees For Peace Of Mind

We offer a fixed fee model meaning you pay for the work that’s done, not for how long it takes to do the work. You’ll know exactly what you will pay as you go, with no nasty surprise bills.

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?

Read more about our clients’ success stories

Journey Family Lawyers has helped thousands of Australians through their separation.

With our Proactive approach to your case, and our range of fee options, you will be in safe hands, and in control at all times.
We are big enough to manage any matter but small enough to care for every single client. With all our experience you are in safe and supportive hands.
We have over 120 years family law experience between us. Bryan Galvin has over 40 years experience in family law.
Journey is flexible, accessible and transparent. Your lawyer will run all of your case or only the parts of it that you want us to help. We will always talk about your likely costs upfront and well ahead of time to help you budget. If you don't have money, we have other ways to help you get some for your legals.
We will give you practical, no nonsense and strategic advice, to get you through your difficult times.

Our friendly lawyers are ready to help

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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Simply fill in your details below and we’ll call you back as soon as possible. Of course, if chatting on the phone is too difficult, just let us know, and we’ll reply via email.