Family Law

Divorce & separation

Ending a marriage is a form. Untangling a life is the work. We handle both, and we are clear with you about which is which.

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Divorce, and everything divorce is not

An Australian divorce is no fault. The court is not interested in who did what to whom. It needs to be satisfied of one thing: that the marriage has broken down irretrievably, demonstrated by at least twelve months and one day of separation.

What a divorce order does is dissolve the marriage. What it does not do is divide your property, split your superannuation, settle your debts, arrange spousal maintenance, or say a single word about your children. Those are separate questions, and they are where the substance of a separation actually lives.

There is also a clock. Once your divorce order takes effect, you have twelve months to bring a property settlement or spousal maintenance application. That deadline surprises people, and it costs them.

Eligibility: Separated at least twelve months. Either party regards Australia as home, is an Australian citizen, or ordinarily resides here.
Application: Joint, with your former spouse, or sole. A sole application must be served on the other party.
Children under 18: The court must be satisfied that proper arrangements have been made for their care before it will grant the order.
Married under 2 years: Counselling is required, and a counselling certificate must be filed with the application.
When it takes effect: One month and one day after the divorce order is made. You cannot remarry before then.
Then the clock starts: Twelve months to file for property settlement or spousal maintenance. Two years from separation for de facto couples.

The real work

Property settlement

Dividing property is a four step exercise. Identify and value the asset pool. Assess each party's financial and non-financial contributions, including as homemaker and parent. Consider future needs, such as care of children, age, health and earning capacity. Then ask whether the result is just and equitable.

There is no starting presumption of a fifty-fifty split, whatever you have been told at a barbecue. Superannuation is property and it can be split. Debts count. So do gifts, inheritances and the contributions each of you made before you ever met.

Most property matters settle. They settle better and faster when the disclosure is complete and the valuations are real.

Divorce applications, joint and sole
Separation under one roof affidavits
Service of the application, including by substituted service
Property settlement by consent orders
Contested property proceedings
Superannuation splitting orders
Spousal maintenance, interim and final
De facto relationship property claims
Full and frank financial disclosure disputes
Applications for leave out of time

Common questions

Divorce, answered plainly

What do I need to prove to get divorced in Australia?

Only that the marriage has broken down irretrievably, evidenced by twelve months of separation with no reasonable likelihood of reconciliation. Australia has had no-fault divorce since 1975. You do not have to prove wrongdoing and you do not have to name a reason.

Can we be separated while living in the same house?

Yes. It is called separation under one roof, and it is common where a couple cannot afford to run two households. You will need to explain the arrangement to the court, usually in an affidavit, and a corroborating affidavit from a third party is normally required.

Do I need my spouse's consent to divorce?

No. You can apply on your own, as a sole application. Your former spouse must be served with the application, but they cannot stop the divorce from being granted.

Does the divorce sort out the house and the kids?

No, and this is the single most common misunderstanding we see. A divorce order dissolves the marriage and nothing else. Property settlement, superannuation splitting, spousal maintenance and parenting arrangements are separate applications.

Is there a deadline after divorce?

Yes, and it is a hard one. You have twelve months from the date the divorce order takes effect to apply for a property settlement or spousal maintenance. Miss it and you need the court's permission to proceed, which is not guaranteed.

What if we were married less than two years?

You must attend counselling and file a counselling certificate, or seek the court's permission to apply without one.

Speak to Lovemore

Know where you stand before you sign anything

One consultation is usually enough to tell you what the law says about your property, your superannuation and your timeline.

Book a consultation Call 0450 500 301