Obtaining a divorce is often the last step you complete in the separation process. You must first be separated for at least 12 months before you are eligible to apply. Divorce can also impact your financial settlement. We usually recommend that you finalise your property settlement before filing an Application.

Divorce can be applied for either individually or jointly and applications can now be filed online. If you decide to do it yourself, you can apply online via the Family Court website. Once your Application is filed, you will be allocated a Court date. In some circumstances, you will not be required to attend court.

A Divorce is separate from your property settlement and children’s arrangements. Once it is final, it is essential that you finalise a property settlement within 12 months. If you do not, you may be prevented from later making a property claim. It can also impact your will and estate plan, so it is important you seek advice from a wills and estate planning professional.

In most cases, the process can be straightforward when done correctly. However, before applying, you should seek legal advice in relation to your individual circumstances.

Our lawyers can provide advice on divorce, the requirements for filing and service and can represent you at Court (if necessary).

More information about Court here