Where you may be now
The divorce itself is the simple part.
Most people who call us are not really worried about the divorce application. They are worried about the house, the bills, the children's school, and whether they are about to miss something important.
Those worries are right. The divorce only ends the marriage. It does not decide who keeps the home, how your savings and super are shared, or when you see your children. Those questions need their own answers, and the order you deal with them in matters.
For example, once a divorce is granted, a 12-month clock starts running for any property claim. Apply too early and you can put yourself under pressure. Separate under the same roof without the right evidence and a simple application can become complicated. We make sure each step happens at the right time, so nothing catches you out.
How the law works
Divorce under the Family Law Act
Divorce in Australia is governed by the Family Law Act 1975 (Cth). There is a single ground: that the marriage has broken down irretrievably. The court is satisfied of that if you have been separated for at least 12 months and there is no reasonable likelihood of reconciliation. Fault plays no part.
A few rules matter in practice:
- The 12 months
Separation starts when at least one of you decides the marriage is over and acts on that decision, and the other is told or knows. One period of reconciliation of up to three months will not restart the count, but the time back together is added to the 12 months. - Separation under one roof
You can be separated while living in the same home. The court will want evidence of the change: separate rooms and finances, how household tasks were handled, and whether family and friends were told. - Short marriages
If you have been married for less than two years, you must generally attend counselling, or explain to the court why you have not, before applying. - Children
Where there are children of the marriage under 18, the court must be satisfied that proper arrangements have been made for them before the divorce is granted. It does not make parenting orders as part of the divorce. - Jurisdiction
Either spouse must be an Australian citizen, domiciled in Australia, or ordinarily resident here for the 12 months before filing.
Applications are filed online with the Federal Circuit and Family Court of Australia, jointly or by one spouse. A divorce order takes effect one month and one day after it is made. Only then can either of you remarry.
Things people often forget
What else to sort out when you separate
A divorce does not change who owns anything. But there are some things that are easy to overlook, and worth dealing with early.
Your will
In NSW, a divorce cancels gifts to your former spouse in your will, but separation alone does not. Until you are divorced, your ex may still inherit if you die. Update your will as soon as you separate.
Your super and life insurance
Nominations in your super fund are not changed by separation or divorce. Check who you have nominated.
Joint accounts and loans
Think about joint bank accounts, credit cards and redraw facilities, and whether anything could be withdrawn or borrowed without you knowing.
A family business or investments
If either of you owns a business, a family trust or investment property, it will need to be valued and dealt with as part of your property settlement. See business and complex property.
Tax and stamp duty
Property transferred between you under court orders or a financial agreement can often avoid capital gains tax at the time and stamp duty in NSW. Setting the settlement up properly can save you real money.
How we help
How we handle your divorce
We start with the whole picture. At the first meeting, we map the divorce against the property settlement and any parenting issues, and we give you a clear recommendation on sequence and timing.
Useful to bring to a first meeting
- Your marriage certificate (and a translation, if needed)
- The date you separated, and how that was communicated
- A rough list of assets, liabilities and superannuation, in both names
- Details of any trusts, companies or partnerships either of you is involved in
- Any existing agreement, including a prenuptial or binding financial agreement
- Current arrangements for the children
Where both of you agree, we prepare a joint application and aim to finalise property by consent at the same time, so the matter closes cleanly. Where your spouse is uncooperative, we manage service, respond to any dispute about the separation date, and keep the property and parenting timetable moving.
Either way, you deal with a senior lawyer throughout, and you always know what happens next.
Last reviewed 27 September 2026 · General information only, not legal advice