You must have been separated from your spouse for a period of twelve months to apply for a divorce. 

Once the application is filed, anyone other than you must personally hand the court documents to your spouse 28 days before the divorce hearing. If they refuse to accept the documentation, they can be placed on the ground in their presence. 

When the divorce application is approved, the court will order the termination of your marriage to be effective after a further one month and one day.

Signing the dotted line of a divorce paper is only one small part of a larger process to ensure emotional and financial freedom from one another. You may also want to consider: 

• Parenting arrangements 
• Property settlement and asset division 
• Updating your Will 

The court understands that sometimes it may be difficult to find your own place to live following a separation. If this is the case, you can still be living together during this time, but you will be required to provide additional evidence to prove your separation to the court. 

According to Australian law, two people who have lived together as a couple on a genuine domestic basis are automatically considered to be in a de facto relationship. Although a formal process to end a de facto relationship isn’t necessary, you may still need to divide property, assets and debt.

Many of our clients are surprised to learn what they’re entitled to receive or required to share.

In most cases, the division of property, assets and debts can be finalised with a Binding Financial Agreement or a Consent Order formalised by the court. These are legally-binding contracts that dictate how both parties have agreed to divide their assets and finances. Binding Financial Agreements must be completed within two years of ending the relationship and require a lawyer for each party, otherwise it’s not legally-binding and can be disputed in future. 

Obtaining this document isn’t a legal obligation when ending a de facto relationship, but it does provide financial protection for both parties and helps to avoid future disagreements.

For more details on de facto separation, check our blog here. 

Divorce for any life stage is challenging, but it comes with unique considerations and complexities for older couples, including a larger asset pool, superannuation entitlements and changes to Wills and Executors. We’re experienced in navigating complex matters, and can guide you to minimise stress and ensure you’re ready for the next chapter of your life. 

Prices vary depending on your circumstance. For a free initial consultation to discuss your needs further, please book online here or call our friendly team on 03 5996 1600.

We recommend seeking individual legal advice as soon as you separate, or even as soon as you are considering separating from your partner. 

Remember, your first consultation with us is always free, so we can provide advice and guidance tailored to you and ensure you’re supported from the beginning. This is particularly important if there are children and/or property involved.