Divorce lawyers.

Yes. Spouses must have been separated for a minimum of 12 months before applying for a divorce.

Yes, you (or the other party if you're applying together) must either be an Australian citizen or have been lawfully residing in Australia for at least 12 months prior to making the Application.

Plus, the marriage must have broken down with no likelihood of reconciliation.

Generally speaking, all Applications require a copy of your Marriage Certificate.
Some people's circumstances are trickier than others and they might require extra documents.

Our experienced family lawyers can help you navigate those sorts of issues (i.e: if you were married overseas in a non-English speaking jurisdiction, you must provide a properly accredited translation of the original marriage certificate/equivalent).

Yes.

If you and your spouse lived together in the same home during part or all of the compulsory 12 month separation period, you must file an extra document with your Application for Divorce providing extra information about your living arrangements.

If you and your spouse lived together in the same home after separation but then began living separately – provided you have had at least 12 months living separately and apart, you don’t need to give any extra information to the Court about your living arrangements.

You and your spouse can apply together if you agree to the divorce. This is called a joint application.

Both spouses need to complete and sign the joint Application. Because the Application is being made jointly, there is no requirement to formally serve it.

Alternatively, you can apply on your own. This is called a sole application.

If a sole application is filed, it is compulsory for the Application to be served on the other person at least 28 days before the Court hearing. Or, if the other person lives overseas, they have to be served at least 42 days before the hearing.

The other party has to sign some paperwork to acknowledge receiving the Application. And that paperwork has to be filed with the Court too. (i.e: Acknowledgement of Service, etc).

Once the Application is filed, a hearing is set and that is usually about 8-10 weeks from the date of filing.

If the divorce is granted at the first hearing, the Court will grant a Divorce Order which will then become final one month, and one day after the date of the hearing.

You can’t remarry until your Divorce Order has become final (i.e: until that one month, and one day period has expired).

Divorce hearings are conducted electronically – i.e: over the phone – by a Registrar of the Court.

It isn't always compulsory to go to Court for a divorce. You only have to go if:

> You've filed a sole application and there is a child of the marriage under the age of 18 at the time of filing;

> When you completed your Application, you ticked the box to say you wanted to attend;

> Either party has objected to the Application being heard in the absence of the parties; or

> The other person files a document called a Response to Divorce opposing the Application (this happens very rarely).

At the hearing, the Court will either grant the divorce or give directions if there are other things that must be done before the divorce can be granted.

When the divorce is granted, the Court issues a Divorce Order.

The Divorce Order then becomes final and takes effect one month and one day later.

A Divorce Order is proof and formal recognition that a marriage has ended.

A Divorce/Divorce Order does not resolve issues relating to financial support, property division, or parenting arrangements for children.

And, importantly, once a Divorce Order takes effect, certain time limits apply to property settlement and spousal maintenance claims.

Generally, most property settlement and/or spousal maintenance proceedings must be started within 12 months from the date of the Divorce Order taking effect.

These time limits can be tricky to work out and understand. If you need help with this, one of our experienced family lawyers would be happy to assist you.

You can re-marry.

A Divorce Order can revoke or otherwise affect the operation of a Will.

If you don't have an existing Will or if you have one that hasn't been updated since prior to your divorce, you might wish to obtain advice about making a Will or updating your existing Will.

You should also ensure that the beneficiaries or your superannuation and any life insurance policies are updated. Due to specific federal legislation, superannuation may be dealt with quite separately to any wishes you set out in your Will, as it may not form part of your estate.

When a married couple separates, often, each spouse will have a property settlement claim because of rights, entitlements, and obligations that are set out in the Family Law Act 1975.

A property settlement is an agreement between a separated couple about how they will divide their assets, liabilities, and superannuation interests after they separate.

The usual approach for sorting out a matrimonial property settlement involves a preliminary question and four steps.

Essentially, that framework focuses on what there is to divide and how to divide it fairly.

Family Dispute Resolution practitioners, mediators, lawyers, and the Courts all use that same framework to help people to work out matrimonial property settlements in South Australia.

When a de facto couple separates, often, each person will have a property settlement claim because of rights, entitlements, and obligations that are set out in the Family Law Act 1975.

A property settlement is an agreement between a separated couple about how they will divide their assets, liabilities, and superannuation interests after they separate.

The usual approach for sorting out a de facto property settlement involves a preliminary question and four steps.

Essentially, that framework focuses on what there is to divide and how to divide it fairly.

Family Dispute Resolution practitioners, mediators, lawyers, and the Courts all use that same framework to help people to work out property settlements.

If you can’t meet your reasonable financial commitments and expenses following a separation or divorce, you may be entitled to financial support from your former partner.

This is called spousal maintenance (for people who were married) and de facto maintenance (for people who were in a de facto relationship) and may be paid as a periodic amount or a lump sum.

Parenting arrangements made after separation must prioritise the best interests of the child and, where possible, support each parent to maintain a positive, meaningful relationship with the child.

We can help you to make parenting arrangements that cover things like who a child will live with, how much time they spend with each parent, what happens on special occasions (like school holidays, birthdays, Christmas, and Easter), how communication between households will happen, and practical matters – like access to medical and school information.

After parents separate, each of them continues to have a responsibility to support their child.

Child support is the financial support paid by one parent to the other, after separation occurs, for the specific benefit of their child.