Helping you navigate your divorce process.

Get in touch.
Close

Divorces

While nobody plans on getting divorced when they get married, the reality is that almost 50,000 divorces are granted across Australia each year and that number is growing. If you're going through a divorce, having one of our experienced family lawyers on your side can help make the process smoother and less stressful at a time when emotions are already running high.

 

At Wonderley Family Law, we understand the complexities of divorce and are committed to helping you protect yourself, your children, and your assets. We can help you navigate the family court system and provide guidance on parenting arrangements, asset separation, and child support.

 

We take the time to listen to your unique situation and understand your goals so that we can advise you on the most effective way to achieve them. We are empathetic and personal and we will give you effective legal advice to help you achieve the best possible outcome for your situation.

 

With our expertise and support you can move forward with confidence knowing that you have a dedicated team on your side helping you through this difficult time in your life.

Frequently Asked Questions

Divorce is a difficult and emotional process, but having the right information and support can make it easier. Here are some common questions we receive from clients regarding Divorce:

  • When can I apply for a divorce?

    In Australia, parties must have been married for a minimum of two years and be separated for one year before they can apply for a divorce, unless special circumstances apply. The division of assets can be resolved from the time you separate up until a year after your divorce is granted, with some exceptions. Parenting arrangements can be resolved at any time while your child or children remain under the age of eighteen years.

  • How long does it take to get divorced?

    As a general guide, divorce takes about three to four months but a lot of that time is spent waiting for the Federal Circuit and Family Court of Australia to process the application.

  • Who pays for the divorce?

    The person applying for the divorce pays the associated fees, although your former spouse may choose to share the costs. You cannot force the other party to pay part or all of the divorce costs.

  • Can I get divorced without going to court?

    The Federal Circuit and Family Court of Australia is the only body that can grant a divorce, so you must make an application to the court for a divorce. In cases where the application is a joint application or where it is a sole application and there are no children under eighteen years of age, you will likely not be required to physically go to court. If the application is a sole application and there are minor children, you will need to attend either in person or by phone. Divorce hearings usually only take a few minutes, but it is best to block out some time in your calendar in case you are last on the case list.

  • Can I get divorced even if we still live together?

    Yes. In these cases, the Federal Circuit and Family Court of Australia will require evidence that the separation is genuine. You will be required to provide an affidavit, which should include things like a reduction of time spent in shared activities, division of finances, notification of relevant government agencies (eg. Centrelink), and that family and friends are aware of the separation. Your affidavit should also include an explanation for why you continued to live under the same roof.

  • Can I finalise custody before I am officially divorced?

    Yes. You can apply for official parenting orders to formalise any custody arrangement as soon as you are separated.

  • Do I need a reason to get divorced?

    No. The Federal Circuit and Family Court of Australia does not require that parties provide a reason for a divorce other than that the marriage has broken down irretrievably. This is proven by the parties being separated for one year prior to the application for divorce being lodged.

  • When should I talk to a lawyer?

    We recommend that you talk to a lawyer as soon as possible. At Wonderley Family Law, we can help you understand your rights, the divorce process, and expected timeframes. This means that you can enter into discussions with your former spouse with a full understanding of what to expect, making the process smoother for you overall.

Contact Us.

To talk to a lawyer today, call us on 07 4638 1133

Contact Us

Looking for information on De Facto Separation? Click here to learn more.

READ OUR LATEST POST.

Interim Hearings & Interim Orders in Children's Matters

20 Dec, 2023
Why does the Court make interim orders?

Do I Have To Send The Kids To The Other Parent If They Have Drug Or Alcohol Problems?

01 May, 2023
A lot of our clients ask this question. It is completely understandable that as parents they want to ensure their children do not spend time around things that they do not consider appropriate for children. However, what one parent considers inappropriate might be considered perfectly normal by the other.

When does a relationship become a “de facto relationship”?

01 May, 2023
In family law matters (particularly property settlement matters), it is important to determine whether you and your partner are considered to be in a de facto relationship or not. If you satisfy the criteria for a de facto relationship, then there may be various implications if you separate.
parents with a young boy and girl and the family dog

The new Federal Circuit and Family Court of Australia (FCFCOA)

01 May, 2023
The Australian Law Reform Commission report, Family Law for the Future: An Inquiry into the Family Law System was tabled in Parliament back in 2019. It contained 60 recommendations designed to improve the process and reduce the financial burden associated with filing matters in the Family Court of Australia.
Share by: