Are you thinking about getting a divorce in Australia? Whether you’re at the beginning stages or ready to file, understanding the legal process can make a significant difference. At Pannu Lawyers, our expert family law solicitors provide clear, compassionate guidance through every stage of the divorce process in
Australia.
What Is Divorce in Australia?
Under the Family Law Act 1975 (Cth), Australia operates under a no-fault divorce system. This means you don’t need to prove wrongdoing or blame. The only ground for divorce is the irretrievable breakdown of the marriage, demonstrated by at least 12 months of separation.
You can be separated while living under the same roof, but you’ll need evidence to support this when filing for divorce.
Who Can Apply for Divorce in Australia?
To be eligible for divorce, you must meet the following requirements:
12 months of separation from your spouse
At least one party must:
o Be an Australian citizen, OR
o Live in Australia and consider it your permanent home, OR
o Normally reside in Australia and have lived here for at least 12 months
If you were married overseas, your marriage must be legally recognised in
Australia
How to File for Divorce in Australia ?
You can apply for a divorce either as a sole applicant or through a joint divorce application. The application is made through the Federal Circuit and Family Court of Australia. Here’s how it works:
- Complete and file your divorce application online through the court portal
- Pay the required court filing fee (reductions may apply)
- If applying alone, serve divorce papers to your spouse
- Attend a hearing (if required), especially if you have children under 18
- The divorce becomes final one month and one day after the hearing date
What About Children and Property?
It’s important to remember that a divorce only legally ends the marriage. It does not resolve:
Parenting arrangements
Child custody
Property division
Spousal maintenance
To finalise these matters, you must apply separately for parenting orders or property settlements. Keep in mind, you only have 12 months after your divorce is finalised to initiate property proceedings.
Common Questions About Divorce in Australia
How long does it take to get a divorce in Australia?
Once you file, the court usually schedules a hearing within 2–3 months. The divorce
becomes final one month and one day after the court grants it.
Can I get divorced without going to court?
If there are no children under 18 and everything is uncontested, you may not need to attend court. Otherwise, a brief court appearance might be required.
What if my spouse won’t sign the divorce papers?
You can still proceed with a sole divorce application. Your spouse doesn’t need to agree; they just need to be properly served.
Why Choose Pannu Lawyers?
At Pannu Lawyers, we have a strong reputation for delivering expert legal advice in family law and divorce matters.
Our team offers:
Assistance with sole and joint divorce applications
Advice on child custody and parenting plans
Negotiation and mediation for property and financial settlements
Representation in the Federal Circuit and Family Court of Australia when needed
We understand that divorce and separation can be emotionally overwhelming.
That’s why we focus on practical solutions, always keeping your best interests—and your family’s future—at the centre of everything we do.
Contact Pannu Lawyers Today
Looking for the best divorce lawyer near you? Get in touch with Pannu Lawyers for professional, personalized family law advice.
Visit us: 4/1 Boys Avenue Blacktown NSW 2148
Call: 02 9920 1787 or 1300 VAKEEL
