Family Law

No more hard feelings. We are here to help you to move on.

Enquire Now

Can I apply for divorce?

To apply for divorce in Australia, you must meet the following 4 requirements:

The marriage has irretrievably broken down
You have been married for at least 2 years (What happens if my marriage is less than 2 years?)
You have separated for at least 12 months and 1 day
Family Law

Do I need to get consent for divorce?

Joint application Sole application
Signature Apply together with your spouse Apply by yourself
Hearing No need to attend hearing Only need to attend hearing if you have children under 18. (What if I cannot attend divorce hearing?)
Service No need to serve documents You must ensure the divorce application papers are served on your spouse
Legal Fee Fixed fee with 20% discount at Ascent Lawyers Fixed fee

15-Minute Free Consultation
Family Lawyers Who Do Care

Frequently Asked Questions

To apply for divorce in Australia, you or your spouse must answer yes to one of the following:

  1. Regard Australia as home and intend to live in Australia indefinitely
  2. Are an Australian citizen
  3. Ordinarily live in Australia and have lived here for at least 12 months before filing your divorce application

Yes, you can. If you are married for less than 2 years, you and your spouse are required to attend counselling in order to obtain a counselling certificate.

If you are unable to attend these sessions, you will need to write an affidavit to the court before you can apply for a divorce.

Not necessarily. It is possible for you and your spouse to be separated but to continue living in the same house during the 12 months before applying for divorce. This is known as‘separation under the one roof’.

If you have separated with your spouse under one roof during part or all of the required 12 months separation period, you need to provide an affidavit to support your divorce application.

In your affidavit, you need to prove that there has been a change in the marriage. You need to explain:

  • changes in sleeping arrangements
  • reduction in shared activities or family outings
  • decline in performing household chores for each other
  • division of finances
  • any other matters showing the marriage has broken down

If you are applying for a divorce on your own, you must file an affidavit yourself. You should also file an affidavit by an independent person.

If you and your spouse are applying together you must each file a separate affidavit. If only one of you is able to file an affidavit, then you should file an affidavit by an independent person.

Note – An independent person can be a family member, friend or neighbour. The affidavit by the independent person should contain as much information as they know about the separation.

If you cannot locate your spouse, you may apply for a sole divorce application.

Normally you would need your spouse’s address to serve the divorce papers. In such circumstances, you have to prove that you have taken all reasonable steps to locate them but failed. You will need to make a further application to ask a court to dispense with service or for substituted service.

After the divorce application is submitted, a court hearing date will be allocated in a few months’ time.

On the day of the court hearing, if the judge is satisfied that all the requirements are met in the divorce application, a divorce order will be granted and become effective after 1 month and 1 day.

If you have been separated for more than 12 months, there are a few opportunities to oppose a divorce application. You can only oppose the divorce if:

  • there has not been 12 months separation as alleged in the application, or
  • the Court does not have jurisdiction

If you do not want the divorce granted, you must complete and file a Response to Divorce and appear in person on the hearing date. You need to set out why you want the court to dismiss the divorce application.

It does not matter if you were married overseas. You can get divorced in Australia if you or your spouse satisfies the residency requirement.

When you file your Application for Divorce, you must provide the Court with a copy of your marriage certificate. If your marriage certificate is not in English, you need to file an English translation of it, and an affidavit from the translator.

When you file your Application for Divorce, you must provide the Court with a copy of your marriage certificate.

If you do not have a copy of your marriage certificate, you should try to locate or obtain a copy from the relevant authority in Australia or overseas where the marriage took place. If you are unable to obtain a copy of your marriage certificate, you must file an affidavit from the translator affidavit with the Court explaining why you are unable to provide a copy of the marriage certificate.

Yes, you can.

If you were married, you must apply to the Family Court for Property Settlement and/or Spousal Maintenance within 12 months of your divorce becoming final.

If you were in a de facto relationship, you must apply to the Family Court for a property settlement and or spousal maintenance within 2 years of the date you separated from your ex partner.

We understand that this can be a very stressful time in your life. Our family lawyers are trained and equipped to provide you with constructive guidance. We highly recommend meeting with one of our family lawyers based in Brisbane for at least a one-off consultation. You will be gaining practical advice to help you navigate your way through this stressful time.

When you are dealing with a complicated Family Law matter such as divorce or property settlement, seeking legal guidance is the only viable option.

Please note that when the court grants a divorce, it does not solve issues about property or children. If you want to make arrangements about these issues, you need to engage a lawyer to help you with:

If you want to apply for spousal maintenance or a division of property, you must file a separate application within 12 months of the date the divorce becomes final. Otherwise, you will need the Court’s permission to apply.

Contact experienced family lawyers at Ascent Lawyers to work alongside you throughout this trying time. Let us be your worry-free legal solution.

compensation Law

Leave your matters to the professionals.
Don’t Wait. Don’t Hesitate.

Why Ascent Lawyers?

We are committed to helping you at a difficult time in your life.

One-Stop Problem Solving

Our family lawyers can take care of your divorce, property settlement and parenting arrangement issues.

Free 15-min Consultation

We provide 15-minute free initial consultation to give you a general idea and assessment of your case before engagement.

After Hour Appointments

If you are unable to meet us during business hours, we can always come see you either after work or even during weekends.

Quality of Service

Committed to ensuring the best possible outcome for you. We will update you on any progress and changes.

Multilingual & Multi-media

We speak your language (English/Mandarin/Cantonese). We are easily accessible by phone, email, social media and SMS.

Diligent & Responsible

We believe in the strict compliance to all ethical standards. Guiding you through each stage of your case is our pleasure.

How It Works

We are always happy to help you figure out what to do.

Get in touch

Our experienced lawyers will listen to your story and tell you what to do next.

Engage us

Once you engage us, we will gather the required details and work on your case.

Getting to work

We provide the most efficient solution and give you instant updates.

Achieving results

We will strive to achieve the result satisfying your best interests.

What People Say About Us

EXCELLENT
Based on 127 reviews
Bonan Shan
Bonan Shan
2 years ago
I was lucky enough to be introduced to Ascent Lawyers for my personal injury case back in 2019. All the lawyers demonstrated high level of professionalism throughout all the stages of engagement. Ascent Lawyers was not only able to provide tailored legal advice, but they had been extremely informative and transparent during the entire process. This is particularly extraordinary when you consider the no-win-no-fee business model for PI matters. My case, in the end, was concluded with excellent results. I would like to use this opportunity to thank the whole team for their hard-work and professionalism, as well as Kira and Mengpei's close involvement with my case. I think their 5-star google review record does not lie. I would also recommend this firm to anyone.
WJ Liu
WJ Liu
3 years ago
Great thanks to Will for being my solicitor, for his patience, professional and instructive work which makes everything goes on well. Thanks!
Devon Fung
Devon Fung
3 years ago
From my personal experience dealing with Jacqueline from Ascent Lawyers, all I can say is that she is professional, reliable and goes above and beyond to deliver the best outcome. Always kept us informed with any updates.Overall, I would highly recommended her.
al80613
al80613
4 years ago
Very efficient and professional through out the whole case and amazing attention to details. Would definitely recommend.
Yuan Chen
Yuan Chen
4 years ago
Very trustworthy law firm with professional and friendly staff. Pricing is very reasonable as they solved my problem efficiently. I strongly recommend it to everyone one.
yy rain
yy rain
4 years ago
Ms Gao is an expert in her profession, and provides excellent service. She is patient and answer all enquires quickly! Would definitely recommend her to everyone!