Separation & Divorce
Clear, practical advice on separating and applying for divorce – and on the parenting and property issues that matter most once you have separated.
Separating from a partner is one of the hardest things a person goes through. Alongside the emotional upheaval come urgent practical questions: where the children will live, what happens to the house, and how to formally end the marriage. We help you understand your options and take the right steps in the right order.
Separation happens when one or both of you decide the relationship is over and act on that decision. There is no form to file and no court involved. Divorce is the legal end of a marriage, and it is granted by the Federal Circuit and Family Court of Australia.
Importantly, a divorce order does not deal with parenting arrangements or the division of property. Those issues are dealt with separately, and you do not need to be divorced to resolve them.
Australia has a “no-fault” divorce system. The only ground is that the marriage has broken down irretrievably, which is shown by the two of you having lived separately and apart for at least 12 months, with no reasonable likelihood of getting back together.
Once a divorce takes effect, you have 12 months to start proceedings for property settlement or spousal maintenance. After that, you need the court’s permission, which is not guaranteed. This is one of the most common traps people fall into, so it is worth getting advice about property before or as soon as your divorce is granted.
We can prepare and file your divorce application, arrange service, and represent you at a hearing if needed. More importantly, we can advise you on parenting and property arrangements so that everything is resolved properly and within time.
No. If you meet the requirements, you can apply on your own. Your spouse can respond, but generally cannot stop a divorce if the 12-month separation requirement is met.
No. The court does not consider who was at fault when deciding whether to grant a divorce.
Often not, but it depends on the type of application and whether there are children under 18. We will tell you whether attendance is required in your case.
This page is general information only and is not legal advice. Every family is different – please contact us for advice about your situation.
Rees maintains a limited caseload so that every client receives his personal attention. Request a call back or phone 07 3532 4040.
Your enquiry is kept confidential. Please keep your message brief – we’ll go through the details with you once we have completed a conflict check.