Divorce and
Separation
Clear, honest advice on divorce and separation — guiding you through the process without unnecessary stress or cost.
Divorce
In Australia, you can apply for divorce after 12 months of separation. You do not need to prove fault — only that the marriage has broken down irretrievably. Applications are filed with the Federal Circuit and Family Court and can be made jointly or by one party. Once filed, applications typically take 3–4 months to be granted.
Understanding your rights at separation is the critical first step — before signing anything, before making informal financial arrangements, and before agreeing to anything about the children. We advise on what separation means legally, what you are entitled to, and what steps to take to protect your position from day one. Divorce and property settlement are an entirely separate processes — a divorce order does not resolve how property is divided, and separate time limits apply to each.
Based at 4 Watton Street, Werribee, we assist clients across Hoppers Crossing, Point Cook, Tarneit, Wyndham Vale, Truganina, Manor Lakes, and the wider Wyndham region.
Free initial consultation. We offer a free 30-minute initial consultation for all family law matters. Call (03) 9741 3777 or book online to get started.
Divorce and property settlement are an entirely separate legal processes. A divorce order does not resolve how property is divided. Property claims must be finalised within 12 months of the divorce order. Early advice protects your entitlements. Covers the family home, superannuation, business interests, and debts.
Property settlement — full details →Separation immediately raises questions about where the children live and how time is divided. A parenting plan records agreed arrangements in writing — covering the regular schedule, holidays, schooling, and how major decisions are made. We draft plans that are comprehensive and built to last.
Parenting plans — full details →Where parents cannot agree on arrangements for the children, mediation is required before going to court. If mediation fails, the court can make parenting orders in the best interests of the children. We advise and represent you at every stage — including urgent applications where required.
Parenting disputes — full details →Family dispute resolution (mediation) is compulsory before applying to court for parenting orders, and is strongly recommended for property disputes. It is faster, cheaper, and less stressful than litigation. We advise you on your position and support you through the mediation process.
Mediation — full details →Clear guidance
through a difficult time.
Separation and divorce are among the most stressful experiences a person can face. Our job is to make the legal process as clear and straightforward as possible — so you can make informed decisions and move forward with confidence.
We give you honest advice from the first consultation: what you are entitled to, what the process looks like, how long it takes, and what it will cost. No surprises. No unnecessary complexity.
As Werribee's oldest law firm, we have helped Wyndham families through separation for generations. That experience means we can anticipate problems before they arise and help you avoid the most common and costly mistakes.
Divorce and separation FAQs
The first step is to confirm you have been separated for at least 12 months. Then speak to a lawyer before filing anything — we can advise on whether to apply jointly or sole, what documents are needed, and how the process affects your property and children's arrangements. Call (03) 9741 3777 for same-day advice.
Divorce applications are filed with the Federal Circuit and Family Court. You can apply jointly with your spouse or as a sole applicant. You must have been separated for at least 12 months and be an Australian citizen, permanent resident, or have lived in Australia for the past 12 months. If there are children under 18, the court must be satisfied proper arrangements are in place.
No. A divorce can be applied for by one party alone — the other party cannot "refuse" a divorce once 12 months of separation is established. However, the other party must be served with the divorce application and has the right to respond if they dispute any aspect of it (such as the date of separation).
Yes. "Separation under one roof" is recognised under Australian family law. You must demonstrate that despite sharing a residence, you were living separately — for example, sleeping apart, not sharing meals, managing finances independently, and telling family and friends about the separation. An affidavit from a third party (such as a friend, family member, or counsellor) is usually required to support this.
Under the Family Law Act 1975, you must have been separated for at least 12 months before you can apply for divorce. The 12 months does not need to be continuous — a reconciliation attempt of up to 3 months that fails is not counted against the separation period. There is no requirement to have formalised the separation in any document.
Divorce and property settlement are an entirely separate legal processes. A divorce order does not resolve property division or parenting arrangements — these must be dealt with separately. Importantly, property claims between married couples must be finalised within 12 months of the divorce order being granted. Acting before the divorce is final avoids this time limit becoming a problem.
Once filed, applications typically take 3–4 months to be granted by the court. The divorce order takes effect one month and one day after the hearing date. The total time from filing to the divorce becoming final is usually around 4–5 months, assuming no complications.
There is a court filing fee payable to the Federal Circuit and Family Court (reduced fee available for eligible persons experiencing hardship). Legal fees depend on the complexity of your matter. We will discuss all costs with you upfront before proceeding. Call (03) 9741 3777 to arrange an initial consultation.
Yes. If your situation is urgent — particularly where family violence, children's safety, or asset disposal is involved — call us directly on (03) 9741 3777. Same-day consultations are available in urgent circumstances.
Yes. We are based at 4 Watton Street, Werribee and regularly act for clients across the Wyndham region — including Hoppers Crossing, Point Cook, Tarneit, Wyndham Vale, Truganina, Manor Lakes, and Werribee South. We also assist clients in Lara, Little River, and Geelong. Call (03) 9741 3777 to arrange an appointment.
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