Separation + Divorce

Separation + Divorce 

Our experienced family lawyers help people navigate the issues of separation and divorce.

We recommend getting advice as early as possible so you are aware of your options and can make the best decisions possible.

We offer first appointments with an experienced family lawyer for a low fixed fee of $330 (inc gst).

This is an opportunity to obtain customised advice about arrangements for parenting your children, property settlement and spousal maintenance.

Call us to make an Appointment

Divorce

If you are married and wish to divorce: 

If you have been married for two or more years, a divorce application can only be made after 1 year and 1 day has passed since your separation date.

Separation can occur while the parties are still cohabiting. Most of the time though, separation occurs when one party physically moves out of the family home. 

We often see people for pre-separation advice so they are aware of the process and the issues to navigate after. We recommend this, even if your separation is amicable.

Applying for a Divorce

We can assist you in preparing an application for divorce or ‘dissolution of your marriage’. 

The application is usually very straight forward and many people do it themselves online. There are fairly substantial court application fees that apply (around $1060). Once the application is filed online, it usually takes around 2 months to obtain a court date. It often depends on how busy the Court is. Sometimes you need to attend Court for the hearing of the matter. Often you don’t.

If you are thinking about retaining a lawyer to prepare a Divorce Application we would be happy to assist. Please see our Fees and Prices page.

Fees and Prices

Separation Checklist and Guide

• Separation Checklist  This Checklist is a must read if you are recently separated. We outline 9 things you should consider early on, and give you a list of 8 practical things to do straight away. 
• Separation Guide  This Guide highlights 9 issues you need to consider if you are recently separated or thinking about separation.

 Articles and Information

The Matrimonial Home: Who Stays and Who Goes?

Sometimes when a relationship breaks down, people continue to live together while the issues are being sorted, but for most, this is not possible or practical.  It is usually uncomfortable and unhealthy to live together when a relationship is at an end as it will likely have a detrimental effect the emotional well-being of everyone in the house.

Usually, someone must move out and find alternative accommodation.  

Generally, if one parent has been the primary carer, for the sake of the children's stability, and if possible, it may be that parent remains in the home with the children, at least until the property division has been sorted out. 

Our lawyers are able to advise what to do here. There are occasions where a sole occupancy order is appropriate.

Time Limits

There are time limits applicable to property settlement and spousal maintenance - that are relevant to married and defacto couples who separate and/or divorce. 

If you are married:

An application for property and spousal maintenance must be made within 12 months of your divorce becoming final. 

Later applications require special permission from the Court but this permission is not always granted. 

If you were in a de facto relationship:

An application for property settlement must be made or filed in the Court within 2 years of the separation of that de facto relationship.

It is critical that you obtain legal advice before these time limits run out.

Call us or Contact us with your Questions

Client Library - FAQs

We have many free resources on our website and we regularly update our online client library with useful information. For answers to frequently asked questions about separation and divorce, feel free to have a look at our family law resources page.

Family Law FAQs and Free Resources