What's happening?
Divorce is the legal process that formally ends a marriage. It is separate from property settlement and parenting arrangements, which are generally dealt with under different processes and can proceed independently of a divorce application.
An application for divorce is made to the Federal Circuit and Family Court of Australia, and certain eligibility requirements need to be satisfied before an application can be made.
What could it mean for me?
- Divorce does not itself resolve property or parenting matters
- There may be considerations around timing for making property claims after a divorce is finalised
- Joint or sole applications are both possible, depending on circumstances
- Documentation such as a marriage certificate is generally required
What are my options?
- Apply jointly with your former spouse where you are able to agree
- Apply individually if joint application isn't appropriate
- Seek advice on how divorce may interact with any property or parenting matters
What happens next?
- Confirm eligibility to apply for divorce
- Gather required documents, such as your marriage certificate
- Prepare and file the application with the court
- Attend a hearing if one is required
- Receive the divorce order once granted
How can MGE Lawyers help?
We assist clients in preparing and filing divorce applications, checking eligibility requirements and helping avoid common issues that can delay an application.
Where property or parenting matters also need attention, we can advise on how these fit alongside the divorce process.