Separation & Divorce

Separating from your partner, whether you are married or in a de-facto relationship, is an anxious and uncertain time. Important decisions must be made, such as to how your assets will be divided, and what future arrangements will be in place for your children.

We can guide you through this difficult and confusing time – helping you sort through your legal, property and parenting arrangements to deliver the best outcome possible for you and your family.

Divorce

If you have separated from your spouse and wish to apply for a divorce, in Australia there is no need to provide any reasons for the divorce other than that the marriage has irretrievably broken down. If you and your spouse, have been living separately and apart for 12 months or more, then either one or both of you can apply to the Federal Circuit and Family Court of Australia seeking a divorce order.

The Court does not require parties to appear at the divorce hearing unless you and your spouse have children under the age of 18 years. The Court will then need to be satisfied proper care arrangements are in place for your children before granting a divorce order, however, the Court will not expect you to have a formal agreement in place to be able to grant the divorce.

Whilst a divorce signifies the legal end of a marriage, it is separate to property and parenting matters. You do not have to be divorced to initiate negotiations with your former spouse for property division or care arrangements for your children.

It is important once your divorce becomes final, that any application for property adjustment be filed in the Federal Circuit and Family Court of Australia within 12 months.