We can help you with:
Gathering Support Documentation
Drafting Application for Divorce
Child Custody Arrangements
Representation in Court
Can AJB Stevens help me?
1. Do I need to get a divorce?
2. Do I need to wait to get divorced?
3. What do I need to know before applying for a divorce?
Request a Consultation
Divorce Issues We Deal With
Valuation of Assets
Divorce Involving Children
Our lawyers will help you to define fair property divisions over the course of divorce proceedings.
Frequently Asked Questions
What is divorce?
Do I need a Divorce Lawyer?
What happens to my children if I get divorced?
How do I file for divorce?
You can apply for divorce on your own, or together with your spouse, known as a joint application. In Australia, the Family Law Act 1975 established the principle of no-fault divorce, meaning that the Court does not consider why the marriage ended. You must have been separated for twelve months prior to filing for divorce. If there are children under 18 years of age, until it is satisfied by the Court that proper arrangements have been made for them, a divorce will not be granted.
You must pay a fee when you file for divorce. Information about current fees are available on the fees section of family law courts website.
The process of filing and finalising a divorce can be complex. It is advisable to consult with a divorce lawyer that can help you navigate the divorce process and advise you so while watching out for your best interests.
What are the costs involved?
Is there anything I need to consider before filing an application for divorce?
- How you will divide assets, debts, and property
- If there are business interests that need to be considered
- How you will share the custody of children under 18
- If there is child support or maintenance payments that should be considered
Divorce lawyers can help you sort through everything that needs due consideration and help you navigate your rights to find a fair and amicable resolution.
How is property divided during a divorce?
- The totality of your assets measured against your debts
- The direct financial contributions each party brought to the marriage or de facto relationship (wage and salary earnings, etc.)
- Indirect financial contributions by each party such (gifts, inheritance, etc.)
- Non-financial contributions to the marriage or de facto relationship (childcare, homemaking, etc.)
- Future requirements (a court will take into consideration age, health, financial resources, care of children and future earning ability)
Each situation is unique and will depend on the individual circumstances of your situation.
If I was married outside of Australia, can I still get divorced here?
- You or your spouse is an Australian citizen
- You can prove Australia is your main country of residence
- You can show you have lived in Australia for at least 12 months prior to your divorce
If you were married overseas, and need to explore your options for divorce in Australia, we recommend you seek professional local legal advice in order to explore your rights and your options.
If I have been married for less than 2 years, can I still get a divorce?
In cases where you are seeking a divorce after less than 2 years of marriage, it is advisable to speak with a divorce lawyer who can assist in navigating the law to help advise you on your rights and obligations.