Divorce Application Help in Australia

Who can apply for a divorce

Twelve months apart, and a link to Australia.

You can apply for a divorce once you've been separated for at least 12 months and there's no reasonable chance of getting back together. Either you or your spouse must be an Australian citizen, live in Australia, or regard Australia as home. If you've been married for less than two years, you'll generally need to attend counselling first, or get the court's permission to go ahead without it.

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The application, step by step

Sole or joint, then service, then the hearing.

Applications are filed online with the Federal Circuit and Family Court. You can apply jointly with your spouse, or on your own. A sole application has to be served on your spouse. If there are children under 18, the court must be satisfied that proper arrangements are in place for them. Once the court grants the divorce, it becomes final one month and one day later.

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What it costs and how we help

We quote every divorce before we start.

Every divorce application has a court filing fee, set by the court. Our professional fee depends on whether you're applying jointly or alone, how straightforward service is, and whether there are children. We'll tell you what both will be before we start. We check the application, arrange service, and attend the hearing where needed.

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Looking for a different family law service?

Family law rarely arrives one issue at a time. Property, parenting, agreements and protection often overlap, so the pages below cover the rest of what we do. If you're not sure where your situation fits, call 0483 980 001 and we'll point you the right way.

Divorce and separation

Property settlement

Parenting arrangements

Consent orders

Binding agreements

Domestic violence

Dispute resolution

Mediation and arbitration

Prenups

Superannuation splitting

International family law

Living arrangements

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QUESTIONS

Frequently asked questions

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How much does a divorce cost in Australia?

There's a court filing fee for every application, plus legal fees if you use a lawyer. We'll quote our fee for your situation before we start.

How long does a divorce take?

After you file, the court usually lists a hearing a few months later. If the divorce is granted, it becomes final one month and one day after the order.

Can I apply for a divorce without my spouse?

Yes. You can apply on your own as a sole applicant, but the application must then be served on your spouse.

Do I need a property settlement before I divorce?

No, but once the divorce is final you have 12 months to finalise a property settlement or start court proceedings.

Can we live under the same roof and still be separated?

Yes, but you'll need to show the court that the relationship ended, usually with affidavits explaining how your lives changed.

Help with your divorce application

Who can apply for a divorce

The application, step by step

What it costs and how we help

Looking for a different family law service?

Divorce and separation

Property settlement

Parenting arrangements

Consent orders

Binding agreements

Domestic violence

Dispute resolution

Mediation and arbitration

Prenups

Superannuation splitting

International family law

Living arrangements

Held to the standards the profession sets, not just our own.

Getting it right the first time

Meet your legal team

Logan Stanford

Victoria Eastwood

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Jo-Anne Furlong

Laura Stuart

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Trusted by families across South East Queensland

Frequently asked questions

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