Divorce in Australia – what you need to know
In Australia, divorce is governed by the Family Law Act 1975 and is based on a no‑fault system. This means the Court does not consider who was responsible for the breakdown of the marriage.
To apply for a divorce, you must usually show that:
- Your marriage has broken down irretrievably
- You and your spouse have been separated for at least 12 months
- There is no reasonable likelihood of reconciliation
You can be separated even if you are still living under the same roof, provided the separation is genuine and can be supported by evidence.
Divorce deals only with the legal ending of a marriage. Arrangements for children and property are separate matters, and it is important to obtain advice early to ensure your rights are protected.
How our divorce lawyers can assist
Our divorce lawyers provide practical guidance at every stage of the process, including:
- Advising whether you are eligible to apply for a divorce
- Preparing and lodging divorce applications with the Court
- Assisting with sole or joint applications
- Advising on separation under one roof
- Managing service requirements where the other party is uncooperative or difficult to locate
- Representing you if attendance at Court is required
Where divorce is linked to parenting or property issues, we help you understand how these matters interact and the time limits that may apply.
Parenting and property matters after divorce
Many clients are unaware that important time limits apply after a divorce is finalised.
In most cases:
- Property settlements and spousal maintenance must be commenced within 12 months of the divorce becoming final
- Parenting arrangements can be dealt with before, during, or after divorce, but always with the child’s best interests as the focus
Our family law team provides clear advice on these matters, helping you avoid unnecessary stress or missed deadlines.
A calm and practical approach
At Boylan Lawyers, we take a measured and respectful approach to family law matters. We understand that while some situations require firm legal action, many can be resolved more efficiently through negotiation and sensible planning.
Our focus is on:
- Clear, honest advice
- Reducing unnecessary conflict
- Practical solutions tailored to your circumstances
- Keeping you informed at every step
We will always explain your options in plain terms, so you can make informed decisions about what comes next.
Why choose Boylan Lawyers?
Clients choose Boylan Lawyers because we offer:
- Experienced family law practitioners
- Clear and practical legal advice
- A respectful, client‑focused approach
- Strong knowledge of Australian family law
- Support for both straightforward and complex matters
We understand that no two families are the same, and we take the time to listen and provide advice that reflects your priorities.
Speak with a divorce lawyer
If you are considering divorce, or have already separated, obtaining advice early can make a significant difference.
Contact Boylan Lawyers to arrange a confidential discussion with one of our divorce lawyers. We are here to provide clear guidance and practical support during what can be a challenging time.
Call us today or submit an online enquiry to arrange an appointment.
This article is part of our comprehensive Family Law resource.
Articles in Adelaide Divorce Lawyers