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To apply for a divorce in Australia, the parties must have been separated for a continuous period of at least 12 months immediately preceding the date of the filing of the application for the divorce order. This is the sole ground for divorce, indicating that the marriage has broken down irretrievably.  If you have children under 18 years of age, the court needs to be satisfied that the care arrangements for the children are proper before granting a divorce. 

For marriages of less than two years, the parties cannot file for divorce without the leave of the court unless they also file a certificate stating that they have considered reconciliation with the assistance of a family counsellor or other specified person. This requirement ensures that the parties have made efforts to reconcile before proceeding with the divorce.

In summary, the requirements for divorce include a 12-month separation period, special considerations for marriages of less than two years, and ensuring proper arrangements for children under 18 years of age.  

A divorce is sometimes not so simple. Separate.Law can help you with your divorce and offer fixed fee divorce rates. 

When parties separate, whether from a marriage or a de facto relationship, the court follows a structured process to determine the division of property and finances. This process involves identifying the assets and financial resources of the parties, the financial contributions made directly or indirectly by each party, and non-financial contributions such as homemaking or parenting roles.

The court also considers the length of the marriage or relationship, any special contributions or skills of a party, gifts from third parties, windfalls or lottery wins, waste by a party, and contributions made after the date of separation. Additionally, the court takes into account the future needs of each party, including their age, health, income, and financial resources, as well as their responsibilities to support others. 

In cases involving family violence, the court may adjust the property settlement to account for the impact of the violence, typically awarding a percentage in favour of the victim.

Essentially, the court aims to make orders that will finally determine the financial relationships between the parties and avoid further proceedings.

Given the complexity of these matters, it is advisable to seek advice from an experienced family lawyer to ensure all relevant factors are considered and to avoid the risks associated with informal property settlements or AI software calculations.

Superannuation is considered property for the purpose of a property settlement. It must be identified and valued, regardless of whether an order is sought in relation to that asset. Each party has a duty to disclose their superannuation interests as part of their financial disclosure obligations.

There are different types of superannuation interests, and their valuation can be complex. The valuation methods are specified in Regulations, and in some cases, the assistance of an accountant or superannuation specialist may be required to provide an accurate valuation.

When determining property orders in relation to superannuation, the court must ensure that the outcome is just and equitable. The court may not find it just and equitable for a person's share of the property pool to consist solely of superannuation interests, especially if the person is not close to retirement age and cannot access the superannuation funds immediately. In such cases, the court may allocate more readily accessible assets to that party.

Additionally, the court may consider it unjust and inequitable for a party to receive a share of the other party’s superannuation if the superannuation was acquired before the commencement of the relationship, as it is unlikely that the other party contributed to that superannuation interest. 

The court must take into account the contributions of both parties to the superannuation interests and other relevant factors to ensure a fair division.

Separate.Law can advise on and collaborate with specialists to obtain an accurate valuation of you superannuation for property settlement purposes. 

The Family Law Act encourages parents to agree on matters  concerning their children, take responsibility for their parenting  arrangements, and use the legal system as a last resort.  There may be times where an agreement cannot be reached regarding parenting issues, and it is necessary to apply to court for the appropriate orders.  

Before applying for a parenting orders, parties must make a genuine  effort to resolve their dispute through family dispute resolution (FDR).  This process is facilitated by a family dispute resolution practitioner  who helps the parties resolve their disputes independently of the  judicial process. There are exceptions to the requirement.  

Essentially, the processes for dispute resolution and obtaining parenting orders in family law involve mandatory family dispute resolution, filing necessary certificates and applications, and complying with court procedures to ensure a just and efficient resolution of disputes

Our approach in parenting matters is to encourage participation by both parents with qualified psychologists with expertise in child and family issues post-separation and divorce. This collaborative method offers several benefits for parents and children. One of the primary  advantages is that they encourage parents to work together informally and negotiate agreements themselves. The approach aims to take lawyers and conflict out of the environment. It reduces costs and ensures decisions are made in the child's best interest.

Overall, collaborative parenting agreements provide a structured yet  flexible approach to post-separation parenting, emphasising cooperation,  child-focused decision-making, and the ability to adapt to changing  circumstances. 

Separate.Law partners with a number of expert child psychologists. Let us make that referral now. 

A party to a marriage is liable to maintain the other party if that other party is unable to support themselves adequately due to having the care and control of a child under 18, age or physical or mental incapacity, or any other adequate reason.

The court considers various factors when determining spousal maintenance, including the age and health of the parties, income, property, financial resources, and the standard of living that is reasonable in the circumstances. The court also takes into account the effect of any proposed order on the ability of a creditor to recover a debt, the extent to which the payment of maintenance would increase the earning capacity of the party, and any child support provided.

The court can order lump sum payments, periodic payments, or the transfer of property for maintenance purposes. In urgent situations, the court may provide interim or urgent spousal maintenance to offer immediate financial assistance until the final determination of the proceedings.

An application for spousal maintenance can be made at any time after separation but must be sought within 12 months of a divorce order being made. If an application is made after this time, leave must be sought to apply out of time.

In summary, whether you are seeking spousal maintenance or being asked to make payments, it is essential to understand the legal framework, the factors the court will consider, and the procedural requirements for making an application. Separate.Law can help navigate these complexities and ensure that your rights and obligations are appropriately addressed.

Financial agreements are designed to help couples manage their financial affairs independently. These agreements can be made before, during, or after a marriage or de facto relationship, and they cover matters such as property distribution and spousal maintenance if the relationship ends.
 

To ensure a financial agreement is binding, it must be in writing and signed by both parties. Each party must also receive independent legal advice about the agreement's impact on their rights and the benefits and drawbacks of entering into the agreement. A signed statement from the legal practitioner confirming that the advice was provided must be given to each party.
 

A financial agreement can be ended by including a termination provision in a new financial agreement or by making a separate written termination agreement, which must also meet specific legal requirements to be binding.
 

The enforceability of financial agreements is determined by the court based on principles of law and equity applicable to contracts. The court has the power to make orders for the enforcement of a binding financial agreement as it deems necessary.
 

It's important to note that financial agreements can be set aside by the court under certain circumstances, such as if there has been a significant change in circumstances relating to the care, welfare, and development of a child of the marriage, resulting in hardship.
 

Overall, financial agreements provide a way for parties to manage their financial affairs independently of the court, provided that all statutory requirements are strictly followed.

A well drafted financial agreement can reduce the stress, costs and time that parties experience with protracted court proceedings. Separate.Law can draft your binding financial agreement or give advice on an already drafted financial agreement. Contact us for our Financial Agreement fixed rates. 

Mediation is the most common form of dispute resolution, where an  accredited family dispute resolution practitioner helps the parties  reach an agreement. The process is designed to be less adversarial and more  collaborative, allowing parties to have greater control over the outcome. The aim is to encourage parties to resolve their issues amicably and avoid litigation where possible. 

Mediation is mandatory for children matters. A property matter cannot proceed to hearing without having first been to  mediation, whether through the court or  privately funded mediation. The process is structured to promote amicable settlements and minimise the need for court intervention, ensuring that parties can resolve their disputes in a fair and efficient manner. 

Separate.Law highly encourages mediation participation in family law. We can guide you through the process, advise, and ensure that all necessary information is disclosed and prepared. 

From 10 June 2025, changes to the Family Law Act will come into effect. The most significant change is the introduction of financial consequences for perpetrators of family violence. It will require a court to consider the impact of any family violence or economic or financial abuse when deciding on a property settlement or spousal maintenance. 

The changes increase the circumstances where an adjustment percentage may be made for family violence.

Given the complexity of these matters, it is advisable to seek advice from an experienced family lawyer.

Disputes often arise around the distribution of an estate following a  death. Spouses, children, or dependents of the deceased may feel that  they were not adequately provided for under the will. Additional disputes may  occur regarding the conduct of the executor.

Whether you are an  executor requiring advice or a  person concerned about the executor, or someone who believes they were not sufficiently provided for, Separate.Law have the experience and knowledge to assist you.