Divorce Lawyers Adelaide

Australian marriage law dictates that to remarry after divorce, you and your spouse must have lived separately and apart for a period of 12 months post-divorce. There must also be no reasonable likelihood that you and your former spouse will resume remarried life. 

In some circumstances, it is still possible to live together in the same residence but also be separated. This is referred to as being “separated but living under one roof”.

If you wish to file for divorce in Australia, you must first meet the appropriate eligibility requirements. Most notably, at least one of the people in the relationship must be an Australian citizen or have been born in Australia. 

Secondly, at least one of the people in the marriage must have acknowledged that the marriage has, in fact, broken down. There must also be no reasonable likelihood that you or your former spouse will rekindle the relationship.

To get a divorce you must have been separated for 12 months and 1 day or longer.

Either party to a marriage can apply for divorce, it doesn’t matter whether both parties want a divorce.  

It is common for divorce papers to be filed electronically.

In South Australia, all divorce applications should be made to the Federal Circuit and Family Court of Australia for a divorce.  Applications for divorce should be eFiled online using the Commonwealth Courts Portal online form.

If you are considering property settlement as part of your divorce, please contact Randle & Taylor. There are implications relating to your right to initiate proceedings regarding property settlement. One of our solicitors can discuss this with you.

For assistance with this process, please contact Randle & Taylor.

While there is a long-held belief that the person being divorced (known as the Respondent) pays for the divorce, this is not always the case. Whereas the person filing for divorce (known as the Applicant) always pays for divorce, both parties may be liable to pay for divorce proceedings. 

Contact Randle & Taylor to determine what divorce fees you are likely to be liable for.

In Australia, a divorce generally takes a period of four months to obtain a final Divorce Order. This time takes into consideration the point that parties have applied for divorce in court until the court has officially issued and finalised the divorce.

To get a divorce in Australia you must meet the eligibility requirements to apply, namely at least one of the people in the relationship was born in Australia or an Australian citizen.  

At least one person must have decided that the marriage has broken down and there is no reasonable likelihood that you will get back together.  

You must have been separated for twelve (12) months and one (1) day or longer.  You will need to have a copy of your marriage certificate. 

If you have been married for less than two (2) years you will need to file a counselling certificate.  To obtain a counselling certificate you will need to attend counselling.  To arrange counselling please contact Family Relationship Advice Line 1800 050 321.  

The court fee for a divorce is $940.00 (this is subject to change) but if you may be eligible for a reduced fee of $310.00.

Randle & Taylor Barristers & Solicitors provide legal advice in a variety of areas including family law, building and construction law, sales of business, drafting agreements, wills and estates, debt collection, property law, commercial and residential leases and commercial litigation.