Divorce in Australia

Divorce can be a challenging and stressful time for all parties involved. As specialist family lawyers in Australia, Buckley Lawyers have helped many clients navigate the complexities of divorce proceedings.

What are the requirements for a divorce in Australia?

To apply for a divorce in Australia, the following requirements must be met:

  1. The marriage must have irretrievably broken down;
  2. The parties must have been separated for at least 12 months;
  3. One of the parties must be an Australian citizen, or regard Australia as their permanent home and intend to live in Australia indefinitely; and
  4. The application for divorce must be filed with the Federal Circuit Court of Australia
building constuct lawdetail
What is the process for obtaining a divorce in Australia?

The process for obtaining a divorce in Australia generally involves the following steps:

  1. Filing an Application for Divorce with the Federal Circuit Court of Australia.
  2. Serving a copy of the application on the other party.
  3. Attending the divorce hearing.
  4. If the divorce is granted, the divorce order becomes final one month and one day after the hearing.
Key considerations during a divorce

Divorce is a complex and emotional process, and there are several key considerations that both parties should keep in mind During a divorce, it is important to consider a range of factors, including:

  • Property Division: One of the most significant aspects of a divorce is the division of property. In Australia, property is divided based on a four-step process that takes into account the assets and liabilities of both parties, their contributions to the relationship (financial and non-financial), future needs, and any other relevant factors.
  • Child Custody: If you have children, it is essential to consider their needs and wellbeing during the divorce process. In Australia, the Family Law Act 1975 governs child custody arrangements, and the court’s primary consideration is the best interests of the child. Parents can work together to create a parenting plan, or the court can make orders that determine custody arrangements.
  • Spousal Maintenance: Spousal maintenance is financial support provided by one partner to the other after a separation or divorce. The court will consider factors such as the income and financial resources of each party, their age, health, and earning capacity, as well as their ongoing financial needs.

Obtaining a divorce in Australia can be a complex and emotional process. Buckley Lawyers will guide clients through the legal requirements and provide support during this challenging time.

If you require assistance with a divorce or any other family law matter, please do not hesitate to contact our specialist team

Get In Touch
Have a problem?
We can help.

    Our Customer Reviews
    • j
      Jarrod Toth rating

      Very happy with my outcome. Mohammed El Harris was very professional , always available and a great help.

    • l
      Luke Smith rating

      Professional, highly reliable and empathetic. Highly recommend Mohammed El-Harris

    • b
      Binol Abraham rating

      My Lawyer Mohammed Elharis is not only a good Lawyer but a good human being who takes time to understand what’s going on with you. He is well versed on how to support and protect you and has been great… more

    • r
      ricardo aveleyra rating

      Mohammed El-Harris from Buckley lawyers went above and beyond to help me out, he was extremely professional at got me the best outcome I could possibly get.I would highly recommend him!

    • n
      natalie kirkwood rating

      Great Lawyers!! Mohammed is very caring and knowledgeable. Going through separation isn’t easy however Mohammed was there for anything that was required throughout the whole process. Highly recommended.

    • p
      Paul Davis rating

      This was the first time that I required the services of a lawyer. The way that they handled my case was very professional and kept me informed throughout the proceedings. I recommend Buckley Lawyers if you are in need of… more

    • m
      Michael Nguyen rating

      Having Mohammed represent me with my legal matter was the obvious choice , he was nothing but professional, honest snd re assuring the entire time and ensuring that I understood the process along the way. Would highly recommend Mohammed as… more

    Matthew Buckley
    Buckley Lawyers?
    • Personalised Legal Services

      Providing advice after hours and on weekends to clients

    • Clear Practical Advice

      Communication and advice in easy to understand language

    • Strong Advocacy

      Standing up for your entitlements in court

    • Resolve Disputes Quickly

      Mediating matters for a prompt resolution to your matter

    • Strategic Advice and Representation

      Providing clients with clear strategies to progress and resolve matters

    • Successful Positive Outcomes

      Helping hundreds of clients positively resolve their dispute

    • 92-positive
      92% Positive Outcomes in Mediations
    • spec accred
      Nationally Accredited Mediator
    • advice representation
      Strategic Advice and Representation
    • upnew clients
      Hundreds of Satisfied Clients
    Have a problem? We can help.

      Google Rating
      Based on 192 reviews
      Google Rating
      Based on 192 reviews