How do I apply for a divorce?

To begin the divorce process in Australia, you and your spouse must have been separated for at least 12 months, with no intention of reconciling. Separation can still be recognised even if you’ve continued living under the same roof, provided the relationship has functionally ended.

Can I apply for divorce if I’m not an Australian citizen or was married overseas?

Yes. You’re eligible to apply if you or your spouse consider Australia your permanent home or have lived here for at least 12 months prior to filing. If your marriage occurred overseas, that’s not a barrier—but you’ll need to supply a certified English translation if your marriage certificate isn’t in English.

What documents will I need?

You’ll need to complete an Application for Divorce and provide a copy of your Marriage Certificate. A filing fee applies, although concessions may be available in some cases. If you were separated while living together, an Affidavit may also be required to clarify the circumstances.

Do I need to attend court?

In most cases, no. You’re only required to attend if you have children under 18 or if you and your spouse continued living together after separating. For joint applications with no children involved, the divorce usually progresses without a court appearance.

When does the divorce become final?

Once submitted, your application will be given a hearing date. If approved, the divorce is finalised one month and one day after the hearing.

Is it necessary to have a lawyer for a divorce?

You can go through the process without legal representation—but that doesn’t mean it’s always straightforward. Issues like property settlements, financial arrangements, or parenting responsibilities can complicate matters. Having a professional involved from the start helps reduce errors, avoid delays, and protect your interests throughout the process.

Expertise

Divorce

Divorce Lawyers Heathcote

Call (02) 4221 9311

Request a Callback

E-mail Us

Extensive Experience

Our family law team offers comprehensive support in Heathcote for those navigating divorce, property settlements, and de facto matters. With a strong track record across complex and straightforward cases, we bring both knowledge and practical insight to every client interaction.

Dedicated Team

We focus on making the legal process more manageable — clearly explaining each step, keeping communication straightforward, and helping you stay in control of your legal costs.

Trusted Family Lawyers

We approach every matter with calm, strategic thinking. Whether you're finalising a separation or working through asset division, we prioritise solutions that align with your circumstances and help you take the next step.

Here to Help

Considering divorce or already going through the process? It’s a significant step that often comes with emotional and legal complexity, but you don’t have to handle it alone.

We offer divorce-related services in Heathcote with a focus on clear outcomes, minimal stress, and straightforward communication. Whether you're finalising property matters or need help preparing your application, we simplify the process so you can move forward with certainty.

With a direct, results-focused approach, we prioritise your needs and work toward a resolution that makes sense for your situation.

Call (02) 4221 9311

Request a Callback

Family Law & Children

Area of Expertise

How Can Our Divorce Lawyers in Heathcote Help?

If your relationship has ended and you’re ready to move forward, we offer divorce-related services in Heathcote to help simplify the process and protect what matters most to you.

We know that divorce involves more than just legal paperwork — it’s a significant life change. That’s why we work with purpose, clarity, and attention to detail at every stage. Whether it’s handling the initial filing, managing court documents, or representing you during proceedings, we approach each step the right way.

Our team also deals with related matters like asset division, financial separation, and post-divorce arrangements. The goal is to reduce the pressure and help you focus on rebuilding your life.

Whether your case is simple or complex, we work toward outcomes that reflect your priorities and set you up for the road ahead.

Frequently Asked Questions

How do I apply for a divorce?

To begin the divorce process in Australia, you and your spouse must have been separated for at least 12 months, with no intention of reconciling. Separation can still be recognised even if you’ve continued living under the same roof, provided the relationship has functionally ended.
Can I apply for divorce if I’m not an Australian citizen or was married overseas?

Yes. You’re eligible to apply if you or your spouse consider Australia your permanent home or have lived here for at least 12 months prior to filing. If your marriage occurred overseas, that’s not a barrier—but you’ll need to supply a certified English translation if your marriage certificate isn’t in English.
What documents will I need?

You’ll need to complete an Application for Divorce and provide a copy of your Marriage Certificate. A filing fee applies, although concessions may be available in some cases. If you were separated while living together, an Affidavit may also be required to clarify the circumstances.
Do I need to attend court?

In most cases, no. You’re only required to attend if you have children under 18 or if you and your spouse continued living together after separating. For joint applications with no children involved, the divorce usually progresses without a court appearance.
When does the divorce become final?

Once submitted, your application will be given a hearing date. If approved, the divorce is finalised one month and one day after the hearing.
Is it necessary to have a lawyer for a divorce?

You can go through the process without legal representation—but that doesn’t mean it’s always straightforward. Issues like property settlements, financial arrangements, or parenting responsibilities can complicate matters. Having a professional involved from the start helps reduce errors, avoid delays, and protect your interests throughout the process.