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Divorce marks the legal end of a marriage, and for many Australians, it is one of life’s most challenging transitions. Approximately one-third of marriages in Australia end in divorce, and if you have been separated from your spouse for at least 12 months, you may be eligible to apply. At Fred Kalouche & Associates, we are here to support you through the process with empathy and professionalism, allowing you to focus on yourself and your children.
While divorce is legally distinct from property settlement, parenting arrangements or spousal maintenance, it is still important to seek legal advice. The process involves completing and filing specific forms, meeting eligibility criteria, and potentially preparing affidavits. We ensure your application is prepared and lodged correctly so there are no unexpected delays or complications.
Who Can Apply for Divorce in Australia?
To apply for a divorce under the Family Law Act 1975 (Cth), you must satisfy the following requirements:
• You must be legally married (either in Australia or overseas, with a valid marriage certificate)
• You must be separated for at least 12 months
• You must regard the marriage as having broken down with no reasonable likelihood of reconciliation
• At least one party must be an Australian citizen, ordinarily living in Australia, or have resided in Australia for at least 12 months prior to filing
If you continue to live under the same roof during separation, additional evidence such as affidavits will be required to demonstrate that you are genuinely separated.
What the Divorce Process Involves
Divorce applications can be made jointly (by both spouses) or solely (by one spouse). The steps include:
(1) Preparing and lodging an Application for Divorce through the Federal Circuit and Family Court of Australia
(2) Including relevant documents, such as the marriage certificate and proof of service (for sole applications)
(3) Attending a court hearing (required only if there are children under 18 and you are filing alone)
(4) Receiving the divorce order, which becomes final one month and one day after the hearing date
We can prepare all required documents, including affidavits and certificates, and represent you at court if necessary.
Divorce and Other Legal Issues
It’s important to note that divorce does not automatically cover:
• Property division or financial settlement
• Spousal maintenance
• Parenting arrangements or child custody
These issues are treated separately under family law, and you must commence proceedings for property or spousal maintenance within 12 months of your divorce becoming final. We strongly recommend getting legal advice on these matters to protect your rights and future.
Frequently Asked Questions About Family Divorce
Can I get a divorce if we still live under the same roof?
Yes, but you must provide evidence that you are separated while living together. This usually includes affidavits from you, your spouse and a third party who can verify your living arrangements.
How long does it take to get divorced in Australia?
Once your application is accepted, a court hearing is typically scheduled within several weeks. Your divorce becomes final one month and one day after the hearing, assuming there are no issues.
Do I have to go to court to get divorced?
Not always. If you file a joint application and there are no children under 18, you generally don’t need to attend court. If you file a sole application and have children under 18, court attendance is usually required.
Can I apply for property settlement at the same time as divorce?
No, divorce is handled separately. However, you should seek legal advice on financial and parenting matters early, as you only have 12 months after your divorce is finalised to apply for property or spousal maintenance through the Court.
Fred Kalouche & Associates
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