FAQ

Do I need to attend court for my divorce?

Attendance at a court hearing is generally required if there are children under 18 years of age or if your divorce is contested.  If you have a lawyer, your lawyer can attend on your behalf.  However, many uncontested cases, especially those filed jointly, may not require you to attend court, and hearings are usually conducted online.

What happens if my spouse refuses to accept the divorce application?

If your spouse refuses to accept the divorce application or if their whereabouts are unknown, we can assist you in applying for substituted service or dispensation of service, which allows the court to consider alternative methods of delivering the documents.

How long do I need to be separated before I can file for divorce?

You must be separated from your spouse for at least 12 months before you can file for divorce. Separation can occur even if you continue living under the same roof, but you will need to provide additional evidence to prove that you are no longer in a marital relationship.

How long does the divorce process take?

The divorce process usually takes around three months. This timeline may vary depending on court schedules and the complexities of your case.

Will my divorce automatically resolve issues related to children and property?

No, divorce proceedings do not automatically address issues related to children or property. Separate applications or agreements are required to resolve these matters.

Can I get a divorce if I was married overseas?

Yes, you can apply for a divorce in Australia if you were married overseas, provided that you or your spouse meet the residency or citizenship requirements. You will need to provide a copy of your marriage certificate, and if it is not in English, it must be translated.

What is a separation agreement, and do I need one?

A separation agreement is a commonly used expression for what, at law, is either a financial agreement, consent orders or a parenting plan.  It can encompass all three.   These are the legally binding documents that outline the terms of your separation, including property division, child custody, and spousal maintenance. While not mandatory, having a separation agreement can prevent future disputes and provide clarity during a difficult time.

What is the difference between a sole and joint divorce application?

In a sole application, only one party files for divorce and is responsible for serving the application on the other party. In a joint application, both parties agree to the divorce and file together, which typically simplifies the process and removes the need for service.