Family Law
Divorce
Divorce is the legal process of formally ending a marriage. In Australia, divorce is based on one ground only: the irretrievable breakdown of the marriage. While the process is often straightforward, it is important to understand the requirements and ensure your application is prepared correctly.
At Ryan & Ryan Lawyers, we provide clear, supportive advice to help you navigate the divorce process with confidence and move forward with legal certainty.
Divorce Requirements in Australia
To apply for divorce, you must show that you and your spouse have been separated for at least 12 months. This period can include:
- Separation while living in different homes, or
- Separation under one roof, where you continue living at the same address but are separated in practice
Joint vs Sole Divorce Applications
A divorce application can be made as either:
- a joint application, where both parties apply together, or
- a sole application, where one party applies and the other is served with the documents
We can assist you in determining the most suitable option and ensuring all steps are completed correctly.
The Divorce Process
Divorce applications are managed by the Federal Circuit and Family Court of Australia. In most cases:
- the process is administrative and straightforward
- a Court appearance is not required
- divorce can be finalised without unnecessary delay
Divorce vs Parenting and Property Matters
It is important to understand that divorce is separate from parenting and property settlement matters. This means:
- parenting arrangements must be addressed separately
- property settlement and financial matters must also be resolved independently
Our team can guide you through each stage, including what steps should be taken next.
Why Finalising Divorce Matters
Finalising your divorce provides legal certainty and allows you to move forward with clarity regarding future personal and financial arrangements.
If you are considering divorce or need help preparing your application, we’re here to assist.