Separation and Divorce
Separation is not just a legal process, as it affects your finances, your children, and your future. Our role is to help you understand where you stand and guide you through each step with clarity.
Divorce
Formally ending a marriage through the legal process.
Property
Dividing assets, liabilities and superannuation fairly.
Children
Parenting arrangements in their child's best interests
UNDERSTANDING THE SERVICE
Understanding separation and divorce
Separation and divorce are often spoken about together, but they are not the same. Divorce is the formal legal process of ending a marriage. It is only one step.
In many situations, there are also other matters to resolve, including:
Financial separation through a property settlement
Parenting arrangements for children
Protection Orders to protect your safety
These issues are separate from divorce and can be addressed before, during, or after the divorce process.
Our focus is to guide you through each stage with clarity and structure so you can move forward and begin your next chapter with confidence.
THIS MAY APPLY IF YOU..
Have recently separated or are considering it
Want to understand your legal rights and options
Need to resolve property or parenting matters
Are ready to apply for a divorce
Are unsure where to start
HOW WE HELP
What we can assist with
Clear advice across all aspects of family law following separation; helping you understand your legal rights, obligations, and entitlements.
Separation advice
Understanding your rights and next steps from the outset.
Divorce applications
Sole or joint applications, prepared clearly and correctly.
Property settlement
Identifying and dividing assets, liabilities and financial resources.
Parenting arrangements
Practical guidance focused on the best interests and safety of your children.
Financial agreements
Clear, structured agreements to protect your financial position.
Urgent legal advice
Clear guidance where time is a factor.
Not sure where to start?
Understanding your position is the first step. We can help you work out what needs to be done and in what order.
OUR PROCESS
How we'll work together
You don’t need to have everything figured out. We’ll guide you based on your situation.
1.
Consult
We begin by listening and understanding your situation and providing clear advice on your position and available options.
2.
Plan
We develop a strategy tailored to your circumstances, focusing on practical outcomes and next steps.
3.
Work together
We guide you through the process of documentation, keeping everything clear and structured.
4.
Resolve
We work towards achieving your goals of getting a divorce.
INSIGHTS
What you need to know
Key information to help you understand where you stand and what comes next.
Separation
Divorce
Time limits
FREQUENTLY ASKED QUESTIONS
Questions
The right information can help you make confident decisions. Here are some common questions and key points to understand.
In Australia, you must be separated for at least 12 months before applying for a divorce. Once filed, the process typically takes several months, depending on the court’s schedule and whether the application is straightforward.
Property settlement is separate from divorce and can be negotiated prior to the divorce.
This includes determining how assets, liabilities, and financial resources are separated.
We help you understand what a fair outcome may look like based on your contributions and current circumstances.
Not always. Many property and parenting matters are resolved through negotiation or mediation without the need to commence court proceedings. Where necessary, we can represent you and guide you through the process.
Disagreements are common. We help you understand your legal position, explore resolution options, and take further steps if required including court proceedings where appropriate.
Costs depend on the complexity of your matter and whether agreement can be reached early. We provide clear information about costs upfront so you understand what to expect.
We also provide fixed fee services for certain types of matters. Refer to our fees page which highlight this.
It depends on your situation.
You can separate from your spouse without formally applying for a divorce, and many couples remain separated for some time before taking that step.
However, if you intend to remarry, you must first obtain a divorce.
We can help you understand whether applying for a divorce is appropriate based on your circumstances.
Divorce can affect your existing will.
In many cases, provisions relating to a former spouse may no longer apply following a divorce. However, this does not automatically create a new Will, and other parts of your estate planning may remain unchanged.
It is important to review and update your Will after separation or divorce to ensure it reflects your current intentions.
We can guide you on the steps to take to ensure your affairs are properly structured moving forward.
In Australia, there are a number of criteria's to ensure you can get divorced.
You will need to prove you have been legally married. Either you or your partner are an Australian citizen. You have resided in Australia for the last 12 months.
You and your ex partner have been legally separated for a minimum of 12 months.
Still have questions?
Get in touch and we'll answer what you need to know.
Take the next step
You don’t need to have everything figured out. We’re here to help you understand your position and what to do next.