Divorce Lawyers in Australia | Brightstone Legal

We believe in taking a holistic and multi-faceted approach when it comes to our clients and making sure they understand the process. Whether seemingly simple, or complicated, we want to help and will go that extra mile for you.

At Brightstone Legal, our experienced divorce lawyers provide clear, compassionate legal support through every stage of your divorce or separation. Whether your matter is straightforward or involves complex property and parenting issues, we help you understand your rights and protect your interests. We are a trusted family law firm with a proven problem-solving approach.

Understanding the Divorce Process in Australia

Divorce is the legal process to formally end a marriage. In Australia, this process only addresses the end of the marriage. Matters such as property settlement, spousal maintenance, and child custody must be handled separately.

Can I Apply for Divorce in Australia?

You can apply for divorce in Australia even if you were married overseas, provided you meet one of the following:

You are an Australian citizen
You live in Australia and consider it your permanent home
You have lived in Australia for at least 12 months and plan to stay

Separation Requirement

Before applying, you and your spouse must be separated for at least 12 months. This includes living under one roof without continuing the relationship. If so, you will need to provide evidence such as a sworn statement or witness declaration.

Married Less Than Two Years?

If you have been married for less than two years, you must usually attend marriage counselling and obtain a certificate before you can apply.

Can I Apply for Divorce in Australia?

Joint Application

If both parties apply for divorce together, the process is generally more straightforward:

Both parties must sign the application form;
There is no need to attend a hearing, unless you would like to be present;
Since the application is made together, there is no need to serve documents on each other.

Sole Application

If only one person applies for divorce, the following requirements must be met:

The applicant must sign the application and serve a copy on the other party;
If there are children under the age of 18, the applicant must attend the hearing;
The documents must be served according to the Court’s formal service rules.

What Happens After Lodging a Divorce Application

Once filed with the Federal Circuit and Family Court of Australia, a hearing date will be set.

A divorce order is typically granted at the first hearing
The divorce becomes final one month and one day later
You can withdraw your application if both parties agree, within 28 days before the order becomes final

Same-Sex Divorce and De Facto Separation

We provide tailored legal advice for same-sex couples, including civil partnerships and marriages. The law treats same-sex divorces similarly to heterosexual marriages, and our same-sex divorce lawyers can guide you through every legal step.

De facto couples also have access to the Family Court for property division and spousal maintenance. You must apply for property orders within two years of separation. After this period, you will need special permission from the Court.