At Matti Lamb & Associates, our experienced divorce lawyers in Adelaide help clients navigate the legal, emotional, and financial challenges of ending a marriage. We provide clear advice, practical solutions, and strong representation so you can move forward with confidence.
In Australia, divorce is handled under the Family Law Act 1975 and confirms the legal end of a marriage. You can apply if your marriage has irretrievably broken down — you do not need your spouse’s consent.
Who Can Apply for Divorce in Adelaide?
Before you can apply for divorce, you must meet the following legal requirements:
- Separation period: You must be separated for at least 12 months before lodging your application.
- Living arrangements: You can be “separated under one roof” if you live together but no longer have a marital relationship.
- Children under 18: The Court must be satisfied that proper care arrangements are in place for their welfare, education, and health.
We will check your eligibility, prepare your application, and ensure the necessary documents are ready before lodging with the Court.
Divorce and Financial Matters
A divorce order is separate from your financial arrangements. You can finalise these either before or after applying for divorce.
Once your divorce is final, you have 12 months to start Court proceedings for:
- Property settlement – dividing assets, liabilities, and superannuation.
- Spousal maintenance – financial support for a former spouse.
If the 12-month limit has passed, you may still apply with the Court’s permission. Our Adelaide divorce lawyers can assess your situation and guide you through the process.
Divorce and Parenting Matters
Parenting arrangements are also handled separately from your divorce application. The Court requires that proper arrangements are in place for children under 18, covering their living situation, schooling, and general welfare.
We can help you:
- Negotiate parenting agreements that prioritise your children’s best interests.
- Formalise agreements through Consent Orders or Parenting Plans.
- Represent you in parenting disputes if necessary.
Why You Should Engage a Divorce Lawyer
While it is possible to apply for divorce yourself, having an experienced divorce lawyer can save you time, reduce stress, and help you avoid costly mistakes. A lawyer ensures your application is correct, deadlines are met, and your rights are protected throughout the process.
Our Adelaide divorce lawyers can:
- Explain the divorce process in plain language so you know what to expect.
- Prepare and file your application with all required documents.
- Handle complex situations, such as overseas marriages or separation under one roof.
- Advise you on property settlement, spousal maintenance, and parenting matters.
- Represent you in Court if a hearing is required.
With the right legal advice, you can make informed decisions and move forward with confidence.
How Our Divorce Lawyers Work with You
We follow a clear, step-by-step process to make your divorce as straightforward as possible:
- Initial Consultation – We meet with you to understand your situation, answer your questions, and explain your legal options.
- Preparation – We gather evidence, draft your application, and prepare all required supporting documents.
- Lodgement – We file your application with the Court and handle all communication on your behalf.
- Finalisation – Once your divorce is granted, we explain your rights, outline any deadlines (such as the 12-month limit for property settlement or spousal maintenance), and advise on your next steps.
Contact Us Today!
If you need divorce lawyers in Adelaide who will protect your interests and provide practical guidance, contact Matti Lamb & Associates today to arrange a confidential consultation.
Address:
Suite 4, Level 1
202 Belair Road
Hawthorn SA 5062
Phone: 08 8155 5322
Email: [email protected]
Divorce Law FAQs
How long does it take to get a divorce in Adelaide?
Most divorces take 3–4 months from the date you file the application, depending on Court availability and whether the application is joint or sole.
Do both partners have to agree to a divorce?
No. One party can apply without the other’s agreement, as long as you can show the marriage has irretrievably broken down and you have been separated for at least 12 months.
Can we still live together and be separated?
Yes. This is known as “separation under one roof.” You will need to provide affidavits explaining the change in your relationship despite sharing a home.
Do I need to finalise property or parenting issues before divorce?
No. Divorce is separate from property and parenting arrangements. However, once your divorce is final, you have 12 months to apply for property settlement or spousal maintenance orders.
What if we were married overseas?
You can still apply for divorce in Australia if you or your spouse is an Australian citizen, usually lives in Australia, or has lived in Australia for at least 12 months before filing.
How much does a divorce cost in Adelaide?
The Federal Circuit and Family Court charges a filing fee. Concession card holders may qualify for a reduced fee. Our legal fees will depend on the complexity of your case, and we provide clear estimates upfront.
Do I have to attend Court for my divorce?
If you file a joint application and there are no children under 18, attendance is not usually required. If you file a sole application and have children under 18, you will likely need to attend the hearing.
What happens if my spouse can’t be located?
You can still apply for divorce but will need to apply for substituted service or dispensation of service. We can guide you through this process.
Can I oppose a divorce application?
Yes, but only on limited grounds, such as disputing the separation date or jurisdiction. You will need to file a response and attend Court.
Will getting divorced affect my Will?
Yes. In South Australia, divorce automatically revokes certain provisions in your Will relating to your former spouse. It’s important to update your Will after separation or divorce.
Can I remarry immediately after divorce?
No. You must wait until the divorce order becomes final — one month and one day after it is granted — before you can legally remarry.