The Divorce Process in Australia: Why You Need Expert Legal Advice

Introduction

Divorce can be an emotionally challenging and legally complex process. In Australia, understanding the divorce process and your rights is crucial to ensure a fair outcome, especially when children, property, or financial matters are involved.

At Kennon Lawyers, our experienced family lawyers in Melbourne provide clear guidance and support to help you navigate divorce proceedings with confidence and certainty.

Understanding the Divorce Process in Australia

Divorce in Australia is governed by the Family Law Act 1975 (Cth). Key points include:

• Australia operates under a no-fault divorce system – the only ground for divorce is the irretrievable breakdown of the marriage, demonstrated by 12 months of separation.

• You must apply to the Federal Circuit and Family Court of Australia for a divorce order.

• Children and property matters are separate from the divorce and require parenting or property settlements if necessary.

Steps in the Divorce Process

1. Check eligibility – You or your spouse must regard Australia as your permanent home or meet residency requirements.

2. File an application for divorce – This can be done jointly or individually.

3. Serve the application – If filing individually, your spouse must be notified.

4. Attend court hearing – If there are no children under 18 and no disputes, the divorce may be granted without attending court.

5. Divorce order – The Court grants a divorce order, which becomes final one month and one day after the order is made.

Why You Should Seek Legal Advice

Divorce can impact property, superannuation, and parenting arrangements. Seeking expert legal advice ensures:

• Your rights are protected in property and financial matters

• Parenting arrangements are fair and legally enforceable

• Complex issues like superannuation splitting or child support are handled correctly

• You understand the legal implications of agreements such as Consent Orders or Binding Financial Agreements

Our family law team in Melbourne can provide advice before, during, and after the divorce process to minimise conflict and protect your interests.

How Kennon Lawyers Can Help

At Kennon Lawyers, we provide personalised support for clients undergoing divorce. We can:

• Explain the divorce process and legal requirements

• Advise on parenting arrangements and property settlements

• Prepare and lodge divorce applications and related court documents

• Negotiate amicable settlements to reduce stress and costs

• Represent clients in the Federal Circuit and Family Court of Australia if disputes arise

We combine legal expertise with empathy to guide you through this challenging time.

Contact Kennon Lawyers

If you are considering divorce, don’t navigate the process alone. Timely legal advice can make a significant difference in protecting your rights and your family’s future.

Contact Kennon Lawyers today for confidential advice from experienced family lawyers in Melbourne.

Visit www.kennonlawyers.com.au or call (03) 9828 1456 to arrange a consultation.