Divorce Legal Services

For practical and financial reasons, some parties to a marriage may remain living together following the date of separation. If you have lived under the same roof as your ex during the 12 months prior to filing your divorce application, then you will also need to submit  an affidavit setting out the circumstances of the living arrangements and evidence to show that the parties have separated.  This can be costly and for that reason, many people prefer to delay making their Application for Divorce until they have been living separately for a full 12 months.

If you have been married less than two years, you will need to include a counselling certificate with your divorce application, noting that the prescribed 12-month separation period remains a prerequisite for making an application for divorce. The two-year period starts from the date of marriage to the date of filing the divorce application with the Court.

In circumstances where attending counselling with your spouse is not possible or appropriate, you will need to seek the Court’s permission to apply for a divorce.

If you have been in a short marriage and are unsure if you need to obtain a counselling certificate, or have unique circumstances, our family law solicitors are able to provide clear and tailored legal advice.

If the foreign marriage is recognised in Australia and either you or your partner are an Australian citizen, permanent resident or have been living in Australia for at least 12 months, you can file a divorce application with supporting material in the Federal Circuit and Family Court of Australia. If you need advice on the material the Court requires to support your divorce application, please contact the BWJ Law team.

The welfare of children in family law matters is a paramount concern of the Court. Before granting a divorce, the Court must be satisfied that proper arrangements have been made for the care of the children. It is important to be aware however, the granting of a divorce does not determine or finalise parenting arrangements. If you have children under 18, the parenting arrangements for these children will need to be finalised prior to the hearing date of the divorce application. For more information about the process to make parenting arrangements for your children, please refer to the Childrens tab of our website.

The application for divorce does not extend to dealing with issues regarding finances, property distribution and spousal maintenance.

From the date the divorce order becomes effective, a time limitation period of 12-months will start to finalise property settlement and spousal maintenance matters.

Please refer to the Property Settlement tab on our website for more information.