Compassionate Legal Support for Family Matters

We provide compassionate and effective representation for all aspects of Divorce Applications and Property Settlements. Our team can help you navigate this difficult time.

In Australia, to obtain a divorce, the following requirements must be met:

1. Separation: You and your spouse must have been separated for at least 12 months before filing for divorce. This separation can be physical or in terms of living arrangements.
2. Australian Residency: At least one of the parties must be an Australian citizen, or they must have lived in Australia for at least 12 months before applying for divorce.
3. No Chance of Reconciliation: You need to demonstrate that there is no reasonable chance of reconciliation between you and your spouse.
4. Proof of Marriage: You must provide a copy of your marriage certificate. If it's not in English, you'll need a certified translation.
5. Application: File a divorce application with the Federal Circuit and Family Court of Australia. This is where we can assist.
6. Serve the Application: We have a range of process servers who attend to this process.
7. Attend a Hearing: In some cases, you may need to attend a court hearing. If there are no disputes or complications, this might not be necessary.

Divorce in Australia is generally no-fault, meaning you don’t need to prove any wrongdoing by either party. If you have children under 18, you will also need to address parenting arrangements and financial matters, though these are handled separately from the divorce itself.

We also provide services for preparing and reviewing Binding Financial Agreements under the Family Law Act. These agreement will allow you to consolidate you agreement with your partner and ensure that important details are met.

Under the Family Law Act 1975 in Australia, a binding financial agreement (BFA) is a legally enforceable contract between parties (such as married couples or de facto partners) that outlines how their financial matters will be handled in the event of separation, divorce, or death. There are three main types of binding financial agreements:

1. Before Marriage (Prenuptial Agreement): This is made before the marriage and outlines how the couple's finances will be handled if the marriage ends.
2. During Marriage (Postnuptial Agreement): This agreement is made during the marriage and sets out the financial arrangements for the couple in case of separation or divorce.
3. After Separation or Divorce: This type of agreement is made after the couple has separated or divorced, detailing how their assets and liabilities will be divided.

For a binding financial agreement to be enforceable:

• Legal Advice: Both parties must receive independent legal advice before signing the agreement. The legal advice must be provided by a lawyer who is not acting for both parties and must confirm that they understand the agreement's implications.
• Written Form: The agreement must be in writing and signed by both parties.
• Formal Requirements: The agreement must comply with certain formal requirements outlined in the Family Law Act to ensure its validity.

A binding financial agreement can provide certainty and reduce the likelihood of disputes if the relationship ends. However, it’s important for both parties to fully understand the terms and implications of the agreement before signing.