Divorce

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Divorce Lawyers Melbourne

The end of a marriage can be an emotional and uncertain time. Along with the personal impact of separation, you may have questions about the divorce process, your children, your home, property and finances, and what you need to do to move forward.

In Australia, divorce is the legal process that formally ends a marriage. Australia has a no-fault divorce system, which means the Court does not consider why the marriage ended or who was responsible. The legal ground for divorce is that the marriage has broken down irretrievably. You must have been separated from your spouse for at least 12 months and one day before you can apply for a divorce.

It is important to understand that divorce is separate from parenting arrangements, property settlement and other family law matters. A divorce order does not determine how your property will be divided, who your children will live with or whether financial support may be payable.

Understanding these issues early can help you protect your interests and avoid overlooking important steps or time limits. If you are considering divorce, have already separated or have received a divorce application from your spouse, Carbone Lawyers can help you understand the process and your options.

We act for clients throughout Victoria, not only in Melbourne, so wherever you are in the state we can help.

Considerations for Divorce

To apply for a divorce in Australia, you typically need to have been separated from your spouse for at least 12 months and one day. The Court must be satisfied that your marriage has broken down irretrievably and there is no reasonable likelihood that you will resume married life.

You or your spouse must also meet the relevant Australian citizenship, residence or domicile requirements. You will often need to provide a copy of your marriage certificate when applying.

If you are married overseas, have difficulty obtaining your marriage certificate or are unsure whether you meet the requirements, getting legal advice can help you understand what may be required in your circumstances.

Separation while living together

Separation does not necessarily mean you and your spouse need to live at different addresses.

You can be considered separated while continuing to live in the same home. This is commonly referred to as separation under one roof.

If you and your spouse lived under the same roof for any part of the required 12-month separation period, the Court will require additional evidence showing that you were separated during that time.

Every relationship is different. If there is uncertainty about when your separation began, obtaining advice before filing your divorce application can help you understand what evidence may be required.

One person application

You do not both have to make the application together.

A divorce application can be made as either a sole application, where one spouse applies for the divorce, or a joint application, where both spouses apply together.

If you make a sole application, you will need to arrange for the divorce documents to be formally served on your spouse. Different procedural requirements apply to joint applications.

If your spouse does not want the divorce, that does not prevent you from applying. The Court is concerned with whether the legal requirements for divorce have been met rather than determining who was responsible for the relationship ending.

Impact on children

Divorce does not automatically decide parenting arrangements.

If there are children of the marriage under 18 years of age, the divorce application requires information about the arrangements that have been made for their care. This may include matters relating to where they live, schooling, health, financial support and their relationship with each parent.

Parenting matters are legally separate from the divorce itself. If you and your former partner need to formalise parenting arrangements or cannot agree about important parenting issues, these matters need to be addressed separately.

A family lawyer can help you understand how the divorce process and any parenting matters fit together.

Impact on property and finances

Getting divorced does not automatically divide your assets or resolve your financial relationship with your former spouse.

Property settlement and financial matters are separate from the divorce process. Depending on your circumstances, there may be issues involving the family home, other real estate, savings, investments, businesses, debts, superannuation and other assets and liabilities.

There is also an important time consideration. Applications for property settlement or spousal maintenance must be commenced within 12 months after a divorce becomes final, unless the Court gives permission for an application to be made outside that period.

You do not need to wait until you are divorced to address property and financial matters. Because every financial situation is different, getting advice about your circumstances can help you understand your options and any relevant deadlines.

Finality of a Divorce

If the Court grants your divorce, the divorce order becomes final one month and one day after it is made, unless the Court orders otherwise.

Once it becomes final, the divorce legally ends the marriage. Your final divorce order can be accessed through the Commonwealth Courts Portal.

If you intend to remarry, it is important to ensure your divorce has become final before making arrangements that depend on the marriage having legally ended.

How Carbone Lawyers Can Help

No two separations are exactly the same. For some people, divorce may be relatively straightforward. For others, it may form part of a much broader family law matter involving children, property, finances or disagreements with a former spouse.

Carbone Lawyers can help you understand what applies to your circumstances and guide you through the divorce process. This may include helping you understand the requirements for applying for divorce, preparing the necessary documents and identifying other family law issues that may need to be addressed separately.

If your separation also involves parenting, property or financial matters, getting advice early can help you understand how these issues interact and whether any important time limits apply.

We understand that dealing with legal paperwork and important decisions during a separation can feel overwhelming. Our aim is to explain the process in clear, straightforward language so you can make informed decisions about your next steps.

If you are considering divorce, have already separated or have been served with a divorce application, contact us to discuss your circumstances.

Don’t settle for less when it comes to understanding your legal rights and protecting your future.

FAQs on Divorce

How long do you have to be separated before getting divorced in Australia?
You must have been separated for at least 12 months and one day before applying for divorce. The Court must also be satisfied that the marriage has broken down irretrievably and there is no reasonable likelihood that you will resume married life.
No, you can make a sole application for divorce even if your spouse does not want to apply jointly. Australia has a no-fault divorce system, so the Court does not decide who was responsible for the marriage ending. The relevant issue is whether the legal requirements for divorce have been satisfied.
Yes, it is possible to be separated while continuing to live under the same roof. However, you will need to provide additional evidence to establish that you were separated during that period.
There are procedures that may be available where you cannot locate your spouse to serve the divorce application. Depending on the circumstances, you may be able to ask the Court to dispense with service or allow another method of service. The requirements depend on the steps you have taken to locate your spouse, so legal advice can be useful before making such an application.
No, divorce and property settlement are separate legal matters. A divorce order ends your marriage but does not determine how your assets, liabilities and other financial interests will be divided. There is a 12-month time limit after a divorce becomes final for commencing property settlement proceedings, unless permission is obtained from the Court to apply outside that period.
No, divorce does not determine parenting arrangements. If there are children under 18, information about their arrangements is required as part of the divorce application, but parenting disputes and parenting orders are dealt with separately from the divorce itself.
Divorce applications are filed electronically through the Commonwealth Courts Portal. You can apply individually through a sole application or together with your spouse through a joint application. Additional requirements may apply depending on your circumstances, including if you have been separated while living under the same roof or if you make a sole application that needs to be served on your spouse.
Whether you need to attend a divorce hearing depends on the circumstances of your application. In some cases, attendance is not required. Different requirements may apply depending on matters such as whether the application is sole or joint and whether there are children under 18 years of age. If you are unsure whether you need to attend, obtaining advice about your particular application can help you understand what is required.
A divorce becomes final one month and one day after the divorce order is made, unless the Court orders otherwise. Once the divorce is final, the divorce order can be accessed through the Commonwealth Courts Portal.
You are not required to have a lawyer to apply for divorce. However, a family lawyer can help you understand the requirements, prepare your application and identify other legal issues that the divorce itself will not resolve. This can be particularly important where there are questions about separation under one roof, serving your spouse, children, property, financial matters or applicable time limits.