Divorce needs to be dealt with legally separately from other issues such as property division, spousal support requirements, parenting arrangements and child support.

To finalize yourProperty settlements, you will need to obtain a final property order or financial agreement from the Federal Circuit and Family Court of Australia.

Most people resolve their property and financial concerns, as well as any parenting issues, before filing for divorce.

However, if you divorce before property and financial issues are resolved, there is a 12-month time limit from the date of divorce during which time you can apply to the Family Court for property division or to apply for spousal maintenance.

In certain limited circumstances, the court may allow an application to be made outside the 12-month time limit after the divorce is granted. Our experienced team of lawyers can provide you with more information about property division and assist you in completing it if necessary.

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You need to be separated for at least 12 months before you can file for divorce. This is why most people focus first on resolving their property and financial affairs, as well as any parenting issues.

If you were married less than a year before you separated, you will need to show that at least 2 years have passed since the date of your marriage. If not, you will need to seek mediation to try to reconcile, or apply to the court for a special pardon. Our family lawyers can help you petition the court for a pardon and assist you through the divorce process.

Applications for divorce are filed in the Federal Circuit and Family Courts of Australia. The court schedules the application for a hearing, which takes place approximately 6 to 8 weeks after the application date and is presided over by the court's judicial registrar.

At the hearing, the Judicial Registrar reviews the application and determines whether a divorce should be granted. If a divorce is obtained, the divorce will take effect one month and one day after the hearing, and the court will then issue a divorce certificate.

If the couple is applying jointly or if they have no children under the age of 18, they usually do not need to attend the hearing. Where hearings are required, most divorce hearings are now held online, using Microsoft Teams. We can tell you whether it is necessary to attend a hearing on your divorce petition and, if necessary, represent you at the hearing.

You can file a joint divorce application with your spouse. In this case, both parties can file the divorce papers together with the court.

Alternatively, you can file for divorce separately and serve it to your spouse after filing. Our fixed fee divorce filing service includes hiring a process server to ensure the divorce filing is delivered to the other party.

The hearing date is not the official date of divorce. After the hearing, if granted, the actual date of divorce is one month and one day later. From this date only, you have 12 months to apply for property division or financial support, and our Melbourne family law lawyers can help you complete the financial division.

"Separation" means that one or both parties have decided that the relationship is over and this is reflected in their words and actions. You may be considered separated even if you still live in the same home.

You can be considered separated even if you still live in the same home. If the parties disagree on the date of separation, the court can set that date. The court will consider the dates when you lived apart, when you told other people about the breakup, when you reduced your joint activities, when you ended your sexual relationship or lived an independent life, etc. The courts will weigh these actions against the nature of the relationship prior to separation.

The courts will weigh these actions against the nature of the relationship prior to separation.

In addition to requiring separation for at least 12 months, if you have children, the court will also need to confirm that the arrangements for the children are reasonable before granting a divorce.

You will need to explain issues such as the children's living arrangements, time to see both parents, supervision, housing, school and health. If we prepare a divorce petition for you, we will help you prepare all the information you need to submit to the court.

Once you file a divorce petition with the court, it will be scheduled for hearing in approximately 6 to 8 weeks. If your divorce is granted at the hearing, it will take one month and one day for the divorce to become final.

Australia operates a no-fault divorce system. This means that when deciding whether to grant a divorce, the court does not need to consider what caused the relationship to end and who was at fault. The court only needs to consider whether the marriage has irretrievably broken down, as evidenced by a period of separation of at least 12 months.

Prior to 1975, Australia had a fault-based divorce system, which meant that one person had to prove that the other person had committed marital fault in order to obtain a divorce.

There are 14 grounds that can be relied upon to prove marital fault, including adultery, desertion, violence and insanity. Evidence must be provided to the courts and many people hire private investigators to prove these things. The fault-based legal system ended with the introduction of the Family Act 1975.

A no-fault divorce means that someone's behaviour during the marriage does not determine whether a judge will grant the divorce.

But in family law, conduct during marriage and after separation is still relevant in many respects.

Domestic violence, drug and alcohol abuse, and mental health risks are considered when determining appropriate parenting arrangements and property division.

Your partner's behavior during marriage and after separation can be important information for negotiation and, if necessary, litigation.