DIVORCE LAWYERS ENGADINE

To start the divorce process in Australia, you must have lived separately from your spouse for at least 12 months, with no intention of reconciling. It’s possible to be considered separated even if you remain in the same home, as long as daily routines and the relationship have changed significantly.

Yes. You can apply for divorce in Australia if either you or your spouse regard Australia as your long-term residence or have been living here for at least a year before filing. If your marriage took place overseas, that’s not a barrier—but you’ll need to provide a certified English translation if your marriage certificate is not in English.

You’ll need a completed Application for Divorce and your official Marriage Certificate. There’s a government filing fee, though some applicants may qualify for a reduced rate. If separation occurred while you were still living under the same roof, you’ll also need to provide an Affidavit outlining your situation.

Attendance is usually not required unless you and your spouse lived together post-separation or have children under 18. If the application is filed jointly and there are no children involved, the process often proceeds without the need for a court appearance.

After your application is lodged, the Court will allocate a hearing date. Once the Court approves the divorce, it becomes official one month and one day after the hearing.

You can apply without one — but things aren’t always straightforward. If the divorce is uncontested, the process may seem simple. However, complications often arise around finances, property, or parenting issues. A lawyer can step in to minimise risk, explain your rights clearly, and assist with formalities. Engaging someone early on also reduces the chance of delays or avoidable mistakes.