Getting divorced in Australia is a relatively straightforward legal process, but there are specific requirements you need to meet before you can apply.

Your marriage must be legally recognised
Your marriage must be valid under the laws of the country where it took place and recognised as valid under Australian law.

You must have an Australian connection
At least one of you must be an Australian citizen, regard Australia as your permanent home, or have lived in Australia for at least 12 months before applying.

You must have been separated for at least 12 months
Australia operates on a no-fault basis, which means the reason your marriage broke down is irrelevant. The court simply needs to be satisfied the marriage has broken down irretrievably, demonstrated by 12 months of separation.

Does Separation Mean Living Apart?
Not necessarily. It's common for separating couples to continue living under the same roof for financial reasons. You can still apply for divorce in these circumstances, but you will need to provide evidence of separation, usually through an affidavit from a family member or close friend.

How Do You Apply?
Divorce applications are filed online with the Federal Circuit and Family Court of Australia. You can apply as a sole applicant or jointly with your spouse. Once filed, your divorce is typically finalised within two to three months.

Divorce is just one piece of the puzzle. We're here to make sure you understand the full picture and that your rights are protected every step of the way. Get in touch to find out how we can help.

In Australia we don’t use the term "custody". That term was replaced with language that puts the focus where it belongs: on the child, not on what each parent "gets."

The Family Law Act talks about:

Decision-making responsibility — who makes major decisions about the child's life, like schooling, healthcare and religion;

Living with — which parent the child lives with;

Spending time with — how the child divides their time between parents.

There's no automatic rule or presumption in favour of one parent over the other or an automatic 50/50 split. Every situation is different, however every matter must be approached with the child’s best interests as the paramount consideration. 

Some of the things the court looks at include each parent's relationship with the child, their ability to meet the child's needs, the practicalities of proposed arrangements, any history of family violence, and (depending on their age) the child's own views.

Does it have to go to court?

In most cases, no. Parents are encouraged to work out arrangements between themselves, often with the help of a mediator. In fact, attempting mediation is a legal requirement before most parenting matters can be filed in court. Agreements can then be formalised into consent orders, making them legally binding without a hearing.

Court tends to be the last resort and reserved for situations where agreement genuinely can't be reached or where there are safety concerns.

Every family is different, and so is every parenting arrangement. If you're not sure where to start, get in touch. We can help you find a practical path forward that works for your family.

One of the most common misconceptions about separation is that property is automatically divided equally between the parties. This is not the case. The Family Law Act does not prescribe a fixed formula. Outcomes are determined by the specific circumstances of each matter and are generally arrived at by following a well-established process:

1. Identify and value the asset pool. Both parties are required to provide full and frank disclosure of their financial position. All assets and liabilities are identified and assigned a value before any division is considered.

2. Assess the contributions of each party. The court considers both financial contributions, such as income, assets brought into the relationship and inheritances, as well as non-financial contributions, including the care of children, homemaking, and support of the other party's career. Both are afforded genuine and equal weight.

3. Consider the current and future circumstances of each party. The court has regard to each party's age, health, income earning capacity and the practical impact of one party having stepped away from the workforce to care for children.

4. Determine a just and equitable outcome. The court applies an overarching test of fairness having regard to all of the circumstances. It is this step that accounts for the significant variation in outcomes from one matter to the next.

Is Court Involvement Necessary?

Not in most cases. The majority of property settlements are resolved through negotiation or mediation, without the need for court proceedings. However, any agreement reached should be properly formalised either through consent orders filed with the court or a Binding Financial Agreement. An informal arrangement, even one committed to writing, is not legally enforceable and can be revisited at a later date.

Time Limits Apply

It is important not to delay in attending to property settlement. Parties to a marriage have 12 months from the date their divorce is finalised to commence property settlement proceedings. De facto couples have two years from the date of separation. Failing to act within these timeframes may result in the loss of any right to make a claim.

Yes — a property settlement can only be fair if it's based on accurate and complete information. The Family Law Act requires both parties to make full and frank disclosure of:

• assets, including property, vehicles, investments, savings, interests in trusts and companies, and personal belongings of value;

• liabilities, including mortgages, loans, and debts;

• income, including wages, business income, rental income, trust distributions, and any other earnings;

• superannuation;

• financial resources, such as trust interests (if you do not control the trust) or an expectation to receive an inheritance;

• assets disposed of, sold, transferred, or gifted around the time of and after separation. 

The obligation extends to documents too. Bank statements, tax returns, business and trust financials, pay slips and superannuation statements all form part of basic proper disclosure.

If your partner has concealed assets and you reach an agreement without knowing about them, you may end up significantly worse off. Getting proper legal advice early, and making sure disclosure obligations are being met, is one of the most important things you can do to protect your entitlements.

Child support is designed to ensure both parents contribute financially to the cost of raising their children after separation.

In most cases, child support is calculated using a formula administered by Services Australia. The formula takes into account both parents' incomes, the number of children, their ages, and how much time each parent spends with them. The more time a child spends with a parent, the greater that parent's assumed day-to-day expenditure, which reduces their child support liability accordingly.

You can get an estimate of what child support might look like in your situation using the child support estimator on the Services Australia website.

How can child support be formalised?

There are several ways to put a child support arrangement in place:

Child Support Assessment — The most common starting point. Either parent can apply to Services Australia for a formal assessment based on the formula. Once issued, it is legally binding and Services Australia can collect and transfer payments on your behalf if needed.

Binding Child Support Agreement — A written agreement between parents that sets out the child support arrangements. It can reflect the formula amount or something different entirely, higher, lower, or in a different form such as the direct payment of school fees, extra-curricular activity costs or health insurance. Both parties must obtain independent legal advice before signing, and once in place it is very difficult to change. It offers certainty but limited flexibility.

Limited Child Support Agreement — A simpler written agreement that requires less formality than a binding agreement, however it can only be entered into if the agreed amount is equal to or more than the assessed amount. It can be terminated more easily than a binding agreement, making it a more flexible option where circumstances are likely to change.

Court Order — In some cases where parents cannot agree and an assessment itself is not appropriate, either parent can apply to the court for a child support order. The court has discretion to make orders it considers appropriate in the circumstances.

Choosing the right arrangement depends on your situation. If you're unsure which option is best for you, it's worth getting legal advice before committing to anything in writing.

Get in touch to see how we can help. 

Usually not. Most family law matters in Australia are resolved without ever setting foot in a courtroom. In fact, the family law system actively encourages parties to explore other options before resorting to court proceedings — and in many cases, requires it.

There are several effective alternatives to court that can save you significant time, money, and stress:

Negotiation - The simplest starting point. You and your former partner, with or without lawyers, attempt to reach an agreement directly. Many separating couples are able to resolve property and parenting matters this way, particularly where the relationship remains amicable.

Mediation - A neutral, accredited mediator helps both parties work through their dispute and reach a mutually acceptable outcome. Mediation is confidential, flexible, and far less adversarial than court. For parenting matters, this is conducted by a Family Dispute Resolution (FDR) practitioner, and in most cases, attending FDR is a legal requirement before you can apply to the court for parenting orders.

Collaborative Law - Both parties and their lawyers commit to resolving the dispute without going to court. Everyone signs an agreement to that effect and works together in a series of structured meetings. It is particularly effective where preserving a co-parenting relationship is a priority.

Arbitration - A private arbitrator, often a senior family lawyer or retired judge, hears both sides and makes a binding decision. It offers the certainty of a court decision but with greater speed, privacy, and flexibility over scheduling.

If you do reach agreement, it’s important to make it binding. 

Once you've agreed on terms, it's important to formalise them through either consent orders filed with the court (without requiring a hearing) or a Binding Financial Agreement (BFA) which is a private contract between parties that, if properly drafted, can be enforceable without court involvement.

While court is a last resort, there are situations where it becomes necessary:

• There is family violence or a risk to a child's safety

• One party is hiding assets or refusing to disclose finances

• A parenting dispute cannot be resolved through mediation

• One party repeatedly breaches existing orders

• Urgent intervention is required

In these cases, having an experienced family lawyer by your side is essential.

Legal costs are a real concern for anyone going through a separation or family law matter. The honest answer is that costs vary significantly depending on the complexity of your situation, how disputed the matter is, and how it is ultimately resolved.

Given no two family law matters are the same, and neither are the costs involved, what we can tell you is that we charge fairly and transparently for the level of experience and quality of service we bring to every client, making sure you understand the likely costs before any work begins.

From your very first consultation, we will:

• Give you a clear picture of your legal options

• Provide an honest assessment of the likely cost range for your matter

• Keep you informed as your matter progresses so there are no surprises

• Always look for the most cost-effective path to a good outcome for you

We encourage you to reach out for an initial consultation. It's the best way to get a sense of what your matter involves, what your options are, and what it's likely to cost.