Separation & Divorce

Separation & Divorce

Divorce can be an emotionally challenging time, but our experienced Gold Coast family lawyers are here to guide you through the process and ensure everything is handled smoothly.

Whether you need assistance with filing your application, meeting legal requirements, or understanding your rights, we provide expert support every step of the way.

Am I Eligible for Divorce?

To apply for a divorce in Australia, you must meet the following criteria:

  • 12-Month Separation – You and your ex-spouse must have been separated for at least one year, with no chance of reconciliation.

  • Jurisdiction – At least one of you must be an Australian citizen, a permanent resident, or have lived in Australia for at least 12 months before applying.

  • Marriage Under Two Years – If you were married for less than two years, you must provide a counselling certificate confirming you and your ex-partner have attended family counselling. If counselling is not possible, you will need to apply for an exemption.

Key Legal Considerations in Divorce

When preparing your divorce application, there are legal factors to consider, including:

  • Sole or Joint Application – You can file for divorce individually or together with your ex-spouse. The process varies depending on which option you choose.

  • Serving Divorce Papers – If filing a sole application, you must serve divorce documents to your ex-partner correctly, following the legal rules.

  • Living Under the Same Roof During Separation – If you and your ex-spouse continued living together after separation, you may need to provide additional evidence.

  • Time Limits for Property Settlements – After your divorce is finalised, you have 12 months to initiate property settlement proceedings.

Our family law team ensures that all legal requirements are met, preventing unnecessary delays and complications in your divorce process.

Divorce Application Process


Filing the Application

You submit a divorce application to the Federal Circuit and Family Court of Australia (we can assist in preparing and filing it correctly).

  1. Court Attendance

    In most cases, you don’t need to attend court, especially if the divorce is uncontested. However, attendance may be required in certain situations (e.g., if there are children under 18).

  1. Divorce Finalisation

    Once granted, the divorce order becomes final one month and one day after the hearing.

What Happens After Divorce?

Property Settlements & Financial Agreements

Once your divorce is finalised, you have 12 months to apply for property and financial settlements. If this deadline passes, you may need special permission from the Court to proceed.

Updating Your Will & Estate Planning

Divorce can invalidate parts of your Will, meaning your assets may not be distributed as intended. Our Wills & Estates team can assist you in updating your Will, Enduring Power of Attorney, and Superannuation Nominations to ensure they reflect your current wishes.