Divorce
Ending a marriage is never easy. While divorce is the legal process of formally ending a marriage, it often comes at a time of significant emotional and practical change. At PRD Family Law, we guide you through the divorce process with clarity and compassion, ensuring you understand your rights and what comes next.
Clear advice
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Negotiation support
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Fixed fees
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Court representation
How we help with Divorce
Expert legal advice
Mediation & negotiation
Court representation
Property & parenting solutions
What is divorce in australia?
Australia has a no-fault divorce system. This means the Court does not consider why the marriage ended. The only requirement is that the marriage has broken down irretrievably, demonstrated by a period of separation.
To apply for divorce, you must show that you and your spouse have been separated for at least 12 months and that there is no reasonable likelihood of reconciliation.
Separation under one roof
Many couples continue living in the same home after separation due to financial or parenting reasons. This is known as separation under one roof, and you may still be eligible to apply for divorce. Additional evidence is required to show the relationship has ended, and we can assist you in preparing the necessary material.
- Married couples: Applications must generally be made within 12 months of divorce
- De facto couples: Applications must usually be made within 2 years of separation
Seeking legal advice early is critical to protect your rights and options.
Eligibility to apply for divorce
You can apply for divorce in Australia if:
- You or your spouse are an Australian citizen
- You regard Australia as your home and intend to live here indefinitely
- You have lived in Australia for at least 12 months before applying
Divorce applications are filed in the Federal Circuit and Family Court of Australia.
Sole vs joint applications
There are two ways to apply for divorce:
Joint application
Both parties apply together. This is often simpler and avoids the need for formal service of documents.
Sole application
One party applies independently. The other party must be formally served with the application documents.
We can assist with both types of applications and ensure all procedural requirements are met.
Divorce and children
If there are children under 18, the Court must be satisfied that proper arrangements have been made for their care, welfare, and development before granting a divorce.
This does not require final parenting orders to be in place, but the Court must be assured that children are being appropriately cared for.
Divorce vs property settlement and parenting matters
Divorce is separate from property settlement and parenting arrangements. You do not need to finalise these matters before applying for divorce.
However, strict time limits apply after a divorce is granted:
- Applications for property settlement and spousal maintenance must generally be made within 12 months of divorce becoming final.
Seeking legal advice early helps ensure important deadlines are not missed.
The divorce process
The divorce process typically involves:
- Preparing and filing the application
- Serving documents (for sole applications)
- Attending a Court hearing (in some circumstances)
- Divorce being granted and becoming final one month and one day later
We manage the process from start to finish to make it as smooth and stress-free as possible.
Why choose PRD Family Law?
Divorce is often the first legal step toward a new chapter. We provide clear, practical guidance to help you navigate the process efficiently and move forward with confidence.
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We help you move forward with confidence through every stage of your family law matter.
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