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We understand that divorce, separation, and other family law matters can be complex and place a heavy toll on everyone involved, especially children. Accordingly, this is a difficult time for all, and our family lawyers in Adelaide are acutely aware of the need to provide clients with practical advice in a timely manner.
We can assist across a range of family law matters, including:
- Divorce applications
- Property settlements and consent orders
- Children’s matters and parenting arrangements
- Child support and spousal maintenance
- Urgent recovery applications and international travel
- Binding financial agreements and pre-nuptial agreements
- De facto relationships
Moving forward requires complex decisions, and therefore it is important to have expert advice right from the beginning. Fortunately, most matters can be settled without going to court, either informally or through consent orders or other legal documents.
Divorce
You can make an application for divorce if a marriage has irretrievably broken down. Importantly, the process does not require the consent of both partners. A couple must be separated for 12 months before they can make a divorce application; however, separation does not necessarily require living in separate residences. Additionally, if you have children under the age of 18, the court must also be satisfied that proper arrangements are in place for their care.
You do not need a divorce order before settling your financial affairs or putting parenting arrangements in place. However, once a court grants a divorce there is a 12-month limitation period within which you must bring court proceedings for property settlement or spousal maintenance. If you are outside this limitation period, you may still have a right to bring court proceedings depending on the circumstances of your matter.
De facto relationships
De facto couples can also access remedies under family law legislation. When a couple has not been legally married, the court will consider several factors to determine whether a de facto relationship existed. For example, the court may examine the length and nature of the relationship, financial dependence or interdependence, the care and support of children, or whether the relationship was registered under state law.
In some cases, you may first need to prove that a de facto relationship existed before pursuing a family law matter. Our team can assist you with this process.
For de facto partners, you must commence any court proceedings for a property settlement within two years of separation. However, extensions may be obtained in some circumstances.
Property settlement
A property settlement involves dividing assets, liabilities, and financial resources between a couple whose relationship has broken down and legally finalises their financial affairs. As a result, a legal property settlement enables the parties to move forward with their respective financial activities and may facilitate stamp duty concessions when transferring certain assets such as real estate.
Parties can divide assets through a financial agreement, consent orders, or court proceedings. Therefore, it is essential that you understand all financial implications before finalising a property settlement.
In some circumstances, it may also be appropriate to seek other forms of financial support, for example spousal maintenance.
Spousal maintenance
Spousal maintenance means that one person from a former relationship provides financial support to the other, and it may apply to both marriages and de facto relationships.
Generally, the court makes an order for spousal maintenance for a limited period with the intention of providing a former spouse with support while they re-establish themselves and prepare for the future. The court can make orders on an urgent, interim, or final basis and may require payments to be made periodically (for example, fortnightly or monthly) or in a lump sum.
Spousal maintenance is separate from child support and child maintenance payments, which are paid for the benefit of a child. In some cases, a party may be ordered to pay both spousal maintenance and child support. However, the court may take any child support payable into consideration when determining a spousal maintenance application.
Preparing a spousal maintenance application requires careful preparation, and you will need several financial documents as evidence. Our Adelaide family lawyers can help you understand your prospects of success and prepare the required evidence.
Parenting arrangements
Parenting arrangements (also commonly referred to as child custody arrangements) can address issues such as where children live, how much time they spend with each parent, and other specific matters relating to education or healthcare. Under family law legislation, parenting arrangements must be made in the best interests of the child. Generally, the law presumes that shared parental responsibility is in the child’s best interests; however, this will not apply in all situations. Shared parental responsibility means that parents must consult each other regarding long-term decisions for the child and does not necessarily mean that the child will spend equal time with each parent.
Parenting arrangements can be achieved through a parenting plan, consent orders, or court proceedings.
Speak to Our Adelaide Family Lawyers
No matter what your circumstances, our experienced Adelaide family lawyers are here for you. Wherever possible, we recommend alternative dispute resolution processes to help deliver workable, cost-effective solutions while ensuring that your interests and legal rights remain protected every step of the way. However, if your matter cannot be resolved outside of court, we are competent advocates with a strong working knowledge of family law court processes and systems.
If you need assistance, contact one of our lawyers at [email protected] or call 08 8155 5322 for expert legal advice.
FAQs
How long do you have to be separated before getting divorced in Australia?
You must be separated for 12 months before applying for divorce. You can be “separated under one roof” if you live in the same home but no longer function as a couple, and the first practical steps after separation matter from day one. You do not need your partner’s agreement, because Australia has no-fault divorce.
Do you have to go to court to get divorced in Australia?
Usually no, especially for a joint application with no children under 18. You may need a short hearing only if you file a sole application with children under 18, and most other issues can be resolved through mediation rather than a courtroom. The divorce itself only ends the marriage.
How is property divided in a divorce in Australia?
There is no automatic 50/50 split, despite being one of the most common myths about property settlements. The court identifies the asset pool, weighs each person’s contributions, accounts for future needs like childcare and earning capacity, then checks the result is fair. The same approach applies to married and de facto couples.
What is a consent order in family law?
A consent order is a written property, financial, or parenting agreement that the court approves and makes legally binding. Even separating couples who are still on good terms need a legal property settlement, because a consent order locks in arrangements without a contested hearing. It also gives certainty and can unlock stamp duty concessions on property transfers.
What property rights do de facto couples have in Australia?
De facto couples get broadly the same property and spousal maintenance rights as married couples. You generally qualify if the relationship meets the legal definition of de facto, having lasted at least two years, produced a child, or involved significant contributions. You must start de facto property proceedings within two years of separating.
How much does a divorce cost in Australia?
The main fixed cost is the court filing fee, with a reduced rate for financial hardship. Legal fees depend on whether your matter is simple or contested, and there are practical ways to reduce legal fees in a family law matter. An uncontested divorce costs a fraction of one fought through court, so agreeing early saves the most.
What is the difference between a divorce and a property settlement?
A divorce ends your marriage; a property settlement divides your assets, debts, and finances. They are separate processes, and you do not need to be divorced to settle property. But once divorced, you have only 12 months to start court action for property settlement or spousal maintenance.
How is child custody decided in Australia?
The court decides parenting arrangements on the best interests of the child, its top priority under the Family Law Act 1975. It weighs the child’s safety, their relationship with each parent, and their views where appropriate, and most parents formalise this through a parenting plan or parenting orders. Shared parental responsibility covers major long-term decisions and does not mean equal time with each parent.