Divorce
If you’re facing separation or thinking about divorce, our experienced Family Law Lawyers in Shellharbour can support you through each step of the legal process. At South Coast Family Law Group, we provide practical, compassionate advice to help you navigate this challenging time with clarity and confidence.
For assistance with divorce or any Family Law matter, contact South Coast Family Law Group today on 02 4202 6644.
Divorce is the legal end of a marriage, allowing both parties to move on independently. Under the Family Law Act 1975, a divorce may be granted when the marriage has irretrievably broken down and there is no reasonable likelihood of reconciliation.
Our Shellharbour Divorce Lawyers provide clear advice on the legal process and requirements. Whether you’re applying for divorce or responding to an application, South Coast Family Law Group is here to help you understand your rights and responsibilities.
To apply for a divorce in Australia, you must satisfy the following eligibility requirements:
Australia operates under a no-fault divorce system. This means the Court does not consider the cause of the relationship breakdown, such as infidelity or domestic issues, when deciding to grant a divorce. The only requirement is that the marriage has irretrievably broken down, demonstrated by at least 12 months of separation.
At South Coast Family Law Group, we understand that divorce can be a challenging time. Our experienced Shellharbour divorce lawyers provide clear advice, supportive guidance, and a professional approach from start to finish.
We offer fixed fees for Divorce Applications and Responses, including court representation if required.
Our team brings extensive experience in Family Law, including divorce and separation matters, with a strong grasp of the legal system.
We take the time to understand your circumstances and provide legal advice that reflects your personal situation.
We aim to make the divorce process as straightforward as possible, minimising delays and stress where we can.
You’ll receive respectful and compassionate support throughout what can be a highly emotional time.
Our Family Lawyers in Shellharbour are available to provide local, personalised support as you work through your separation or divorce.
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.
Your privacy is paramount. All enquiries are confidential.
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
By Appointment
