Divorce
If you’re considering divorce or need expert legal advice on Family Law matters, our experienced team of divorce lawyers are here to guide you through every step of the process. At South Coast Family Law Group, we provide compassionate, effective legal services to ensure a smooth transition during this challenging time.
If you’re ready to take the next step in your divorce journey or need legal advice about any Family Law matter, contact South Coast Family Law Group today 02 4202 6644.
Divorce is the legal termination of a marriage, allowing both parties to move on with their lives. Divorce is governed by the Family Law Act 1975, which stipulates that a marriage must have been irretrievably broken down, with no likelihood of reconciliation.
At South Coast Family Law Group, our divorce lawyers are committed to providing clear and comprehensive legal advice tailored to your specific situation. Whether you’re considering filing for divorce or responding to a divorce application, we can help you understand the legal requirements, timelines, and your rights.
To apply for a divorce in Australia, you must meet the following eligibility criteria:
Australia has a “no-fault” divorce system. This means that the Court does not consider reasons for the breakdown of the marriage, such as infidelity or abuse. Instead, the only grounds for divorce are that the marriage has irretrievably broken down, demonstrated by 12 months of separation.
At South Coast Family Law Group, we understand that divorce can be one of the most difficult experiences in life. Our compassionate and skilled divorce lawyers are here to support you through this emotional process with clarity and professionalism.
We offer fixed fee rates to prepare an Application for Divorce or Response which also includes appearing in Court on your behalf, if required.
Our team is highly experienced in divorce and Family Law matters, with in-depth knowledge of the legal processes and rights involved.
We offer tailored legal advice, considering the unique circumstances of your case.
We aim to make the divorce process as straightforward and stress-free as possible.
We treat every client with respect, understanding, and empathy during this challenging time.
In Australia, divorce is based on the principle of “no-fault,” meaning you don’t need to prove any wrongdoing by your spouse. The only requirement is that you and your spouse have been separated for at least 12 months and there is no likelihood of reconciliation.
To file for divorce, you must submit a Divorce Application to the Federal Circuit and Family Court of Australia. You can apply individually or jointly with your spouse. The Application Form requires details about your marriage, separation, and any children. Our expert Family Lawyers can assist you with the process, ensuring all legal requirements are met.
The minimum time to finalise a divorce in Australia is usually around 3 to 4 months after the Divorce Application is lodged. This includes a mandatory 30-day waiting period after the Court hearing, if there are no complications. Factors such as contested issues or the need for additional documentation can sometimes extend this timeline.
Yes, you can still apply for divorce even if your spouse doesn’t agree. As long as you can prove that you have been separated for at least 12 months, a divorce can be granted by the Court, regardless of your spouse’s consent. However, if there are issues related to children or property, these matters may need to be resolved separately.
Property division is governed by the Family Law Act 1975. Either before or after a divorce, assets (such as the family home, superannuation, savings, and debts) are divided based on factors such as each party’s financial contributions, the length of the marriage, and any future needs. Our experienced Family Lawyers can help you through the process of filing an application for property settlement in Court, or help you reach a negotiated settlement with your ex-spouse.
While it is not mandatory to hire a lawyer for a divorce, it is highly recommended, especially if there are complex issues such as parenting matters (‘child custody’), property division, or financial support. A Family Lawyer can guide you through the legal process and protect your rights.
If you wish to change your name after a divorce, you can do so by applying to the relevant government agency, such as Births, Deaths and Marriages in your state or territory. You may need to provide a copy of your divorce decree or marriage certificate as part of the process.
In Australia, decisions about the care arrangements of children (‘child custody’) are made based on what is in the best interests of the children. The Court encourages both parents to share responsibility and maintain a positive relationship with the children, wherever possible. If you and your spouse cannot agree on arrangements, our Family Law experts can help negotiate a parenting plan or apply to the Court for parenting orders on your behalf.
If you’d rather speak with us directly, give us a call or send us an email. We’re committed to providing the support and answers you need, on your terms.
12/200 Crown St, Wollongong NSW 2500
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