Divorce/Separation Lawyer

Deciding to end a marriage or long‑term relationship is never easy. Many people feel anxious about the legal process, the impact on children and the division of property. Misunderstandings about divorce and separation can make the situation even more stressful.

Revolance Legal provides strategic yet supportive guidance for people facing separation or divorce. We will explain your rights, help you plan the way forward and represent you with clarity and compassion.

Separation vs. Divorce

Separation occurs when partners stop living together as a couple. There is no legal document required to separate. You simply need to communicate your intention and start living apart. Separation can occur under the same roof as long as you clearly live separate lives. People separate for many reasons and some may reconcile.

Divorce is the legal end of a marriage. To apply for a divorce in Australia you must show that:

• The marriage has broken down irretrievably.
• You and your spouse have been separated for at least 12 months.
• There is no reasonable chance of reconciliation.

If you reconcile for less than three months and then separate again, the earlier separation periods can be added together. You must also be an Australian citizen, live in Australia or regard Australia as your permanent home for at least 12 months before filing.

Filing for Divorce

Applications are filed in the Federal Circuit and Family Court of Australia. You can apply jointly with your spouse or on your own. You need your marriage certificate and must pay a filing fee (concessions may apply). When there are children under 18, the court will not finalise the divorce unless it is satisfied that suitable arrangements have been made.

Service of documents

If you apply on your own, you must serve the divorce application on your spouse. This can be done by post or personal service. Service ensures that your spouse knows about the application and has the chance to respond.

The hearing

In most cases you do not need to attend the hearing unless there are children or your spouse opposes the divorce. If the court is satisfied the requirements are met, it grants a divorce order which becomes final one month and one day later.

Separation Under One Roof

Some couples cannot immediately live in separate homes for financial or parenting reasons. You can still be considered separated if you live in the same home provided you lead separate lives. Evidence may include sleeping separately, no longer sharing meals or domestic chores, and telling family and friends about the separation. You may need affidavits from a friend or relative to support your application.

Property and Financial Matters

Divorce does not automatically finalise property division or maintenance. You have 12 months after the divorce becomes final to file an application for property settlement or spousal maintenance. De facto couples have two years from separation. Property settlements take into account contributions and future needs similar to de facto relationships. A binding financial agreement or consent orders can formalise the division.

Parenting Arrangements

Divorce and separation do not resolve arrangements for children. You must agree on living arrangements, time with each parent and decision‑making responsibilities. The child’s best interests are always paramount. See our parenting arrangements page for more details.

How Revolance Legal Can Help

Our firm supports clients through every stage of separation and divorce. We:

• Provide clear advice about your legal rights and obligations.
• Draft divorce applications and ensure all documents are filed correctly.
• Serve applications and represent you at hearings if needed.
• Negotiate property settlements and spousal maintenance agreements.
• Assist with parenting plans and consent orders.
• Coordinate with financial advisors and counsellors where appropriate.

We act as a strategic partner, focusing on efficient solutions while being sensitive to your emotional needs.

Frequently Asked Questions (FAQs)

Take the Next Step with Confidence

Separation and divorce are significant life events. Having the right legal support makes the process smoother and less stressful. Contact Revolance Legal on 02 9266 0688 or email [email protected] to discuss your situation.