Expert Divorce Resources

Divorce is defined as the legal end of a marriage. Australia has a “no fault” divorce, which means that the Court doesn’t need a reason for the breakdown of the marriage.

Separation is defined as living apart. A couple can be separated, but not divorced. In order to file for a divorce, you must lawfully prove that you have been separated for a minimum of 12 months.

The first step when divorcing in Australia is to apply to the Federal Circuit and Family Court of Australia for a divorce (or to the Family Court of Western Australia if you reside there).

Yes, in Australia a divorce application can only be made after being separated for at least 12 months.

Both you and your spouse are entitled to live in the house after legal separation, regardless of who owns it or of whose name is on the rental agreement. None of you can be forced to leave, unless the court orders it.

The minimum amount of time a divorce will take is 4 months. That’s the minimum time it takes to obtain a final Divorce Order.

It costs $940 to file for a divorce in Australia. If you’re eligible for a reduced fee, the minimum price you can pay for a divorce in Australia is $310.

There is no 50-50 split rule in Australia. If the individuals cannot decide on the assets split, the family court will decide.