We begin by helping you understand what legally constitutes separation in Australia, including situations where you may still be living under the same roof. We’ll clarify your rights and obligations from day one.
Before filing for divorce, we work with you to resolve parenting arrangements and property settlements. Our team ensures these are handled with care, sensitivity, and legal precision.
We guide you through the online application process via the Commonwealth Courts Portal, whether you’re applying jointly or individually. We make sure every detail is correct and complete.
If a hearing is required, especially where children are involved, we represent you and ensure the court understands your circumstances. We advocate for your best interests at every step.
Once the court grants your divorce, we help you understand what comes next, including timelines for final orders and property settlements. We remain by your side to ensure a smooth transition.
Filing for divorce in Australia involves more than just paperwork, it’s a legal process that can feel overwhelming without the right support. At Chamberlains, we guide you through every step of the divorce application, ensuring that all requirements are met under the Family Law Act. This includes confirming that you and your spouse have been separated for at least 12 months and that there is no reasonable likelihood of reconciliation.
Whether you are applying jointly or individually, we help you prepare and lodge the necessary documents with precision. Our team ensures that your application is complete, compliant, and ready for submission through the appropriate legal channels.
If a court hearing is required, we attend with you and advocate on your behalf. We also assist with any complications that may arise, such as disputes over the date of separation or challenges in serving documents. Our goal is to make the process as smooth and stress-free as possible, allowing you to focus on rebuilding your life with clarity and peace of mind.
De facto relationships are legally recognised in Australia, and the rights and responsibilities of separating partners can be just as complex as those of married couples. At Chamberlains, we assist clients in determining whether their relationship qualifies as de facto under the law, which typically requires living together for at least two years or having a child together.
We provide tailored advice on your entitlements and obligations following separation, including property division, financial support, and parenting arrangements. This is a crucial first step in protecting your rights.
We provide tailored advice on your entitlements and obligations following separation, including property division, financial support, and parenting arrangements. Our team understands the nuances of de facto law and works to protect your interests, whether through negotiation, mediation, or court proceedings.
We’re here to ensure that your contributions to the relationship are recognised and that your future is secure.
When children are involved, their wellbeing becomes the central concern in any separation. At Chamberlains, we help parents develop practical and child-focused parenting arrangements that reflect the best interests of their children. This may include living arrangements, time spent with each parent, schooling, healthcare, and other important decisions.
We work with you to create parenting plans through negotiation or mediation, tailored to your family’s unique needs. Our goal is to foster stability and cooperation, ensuring your children feel supported and secure throughout the transition.
Where informal agreements aren’t possible or sufficient, we assist in applying for parenting orders through the Family Court. We guide you through the process with empathy and expertise, advocating for arrangements that protect your children and uphold your rights as a parent.
Our approach is always to minimise conflict and promote cooperative co-parenting, while ensuring that your rights as a parent are respected. We understand how important stability and security are for children during this time, and we’re committed to helping you achieve that.
Dividing property and finances after a separation can be one of the most challenging aspects of family law. At Chamberlains, we provide strategic advice to help you reach a fair and equitable settlement that reflects your contributions and future needs. This includes assessing assets such as real estate, superannuation, investments, businesses, and debts.
We take a comprehensive approach to financial settlements, considering both short-term outcomes and long-term financial security. Our team is experienced in handling complex financial structures and high-value asset pools, ensuring that no detail is overlooked.
Whether through negotiation, mediation, or litigation, we advocate for your best interests and aim to resolve matters efficiently and respectfully. Our goal is to help you move forward with confidence, knowing your financial future is secure.
Spousal maintenance is financial support paid by one partner to the other after separation, where one party is unable to adequately support themselves. At Chamberlains, we provide clear and practical advice on whether you may be entitled to receive, or required to pay, spousal maintenance, based on your financial circumstances and those of your former partner.
We assist with both interim and long-term maintenance applications, helping you gather the necessary financial information and present a strong case. Our team ensures that your application is thorough, compliant, and focused on achieving a fair outcome.
We also help clients respond to maintenance claims, ensuring that their obligations are reasonable and legally justified. Our goal is to ensure that you are not left in financial hardship and that any support arrangements are fair and sustainable.
Not every family law matter needs to end up in court. At Chamberlains, we believe in resolving disputes through collaborative and cost-effective methods whenever possible. Our team offers a range of alternative dispute resolution services, including mediation, negotiation, and collaborative law, to help you reach agreements without the stress and expense of litigation.
These approaches are particularly effective in preserving relationships, especially when children are involved, and often lead to more durable and amicable outcomes. We focus on solutions that foster cooperation and long-term stability.
We work closely with you to prepare for mediation, represent your interests during discussions, and formalise any agreements reached. If court proceedings become necessary, we are fully equipped to advocate for you with strength and integrity.
Preparing for separation or divorce involves both practical and emotional steps. We recommend confirming your separation date, updating legal and financial documents, securing your digital and physical assets, and seeking legal advice early. Chamberlains offers a detailed separation checklist to help you stay organised and informed. Our team is here to support you through every stage, from initial planning to final resolution, with empathy and expertise.
In Australia, divorce is the legal termination of a marriage. Under the Family Law Act 1975, the only ground for divorce is that the marriage has broken down irretrievably, which must be proven by a minimum of 12 months of separation. Australia operates under a “no fault” divorce system, meaning there is no requirement to prove wrongdoing or blame. At Chamberlains, we guide clients through the entire process, from preparing the application to finalising the divorce order, ensuring it’s handled with care and efficiency.
Yes, you can apply for divorce even if you and your spouse have been living under the same roof during the separation period. You will need to provide additional evidence to show that you were separated despite sharing a residence. This may include changes in sleeping arrangements, financial independence, and communication patterns. Chamberlains can assist in preparing the necessary affidavits and documentation to support your application.
Separation refers to the end of a relationship, whether married or de facto, and does not require any formal legal process. Divorce, on the other hand, is the legal dissolution of a marriage. You can be separated without being divorced, but you must be separated for at least 12 months before applying for divorce. Our team helps clients understand the legal implications of both and supports them in managing the transition with clarity and confidence.
Property settlements and parenting arrangements are separate legal processes from divorce, although they often occur around the same time. You do not need to wait for a divorce to resolve these issues. In fact, there are time limits, 12 months from the date of divorce, to initiate property or spousal maintenance proceedings. Chamberlains provides comprehensive support across all aspects of family law to ensure your financial and parenting matters are resolved fairly and efficiently.
A de facto relationship is defined in the Family Law Act 1975 Act (Cth) as being a relationship between two people of the opposite or same sex who live together on a genuine domestic basis. Section 4AA of the Act provides defining qualities to a de facto relationship that include:
De facto relationships are legally recognised in Australia and are governed by the same principles as marriage under the Family Law Act 1975 (except in WA). You may be entitled to property settlements, spousal maintenance, and parenting arrangements following the breakdown of a de facto relationship. Chamberlains helps clients establish the existence of a de facto relationship and navigate the legal processes involved in separation, ensuring your rights are protected.
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