Divorce, Family Law, & Wills
WE CAN ASSIST YOU WITH YOUR DIVORCE, FINANCIAL AGREEMENTS, OR WILLS
Separation can be emotionally difficult, and early decisions may have lasting legal and financial consequences. ALFA Lawyers advises on divorce, property settlements, financial agreements and parenting arrangements under the Family Law Act 1975 (Cth) and other applicable legislation. In Victoria, these matters are generally dealt with by the Federal Circuit and Family Court of Australia (FCFCOA).
Apply for Divorce in Australia
Australia has no-fault divorce. The Court does not decide who caused the separation; the ground is irretrievable breakdown of the marriage, established by the required separation period and no reasonable likelihood of reconciliation.
Choose a Joint or Sole Divorce Application
A joint application is signed by both spouses and does not require formal service. A sole application must be personally served on the other spouse at least 28 days before the hearing in Australia, or 42 days beforehand overseas. Attendance is required only in particular circumstances, including some opposed applications, service applications or when the Court requests further evidence.
Understand What a Divorce Order Does
A Divorce Order ends the marriage and usually becomes final one month and one day after it is granted. It does not decide property division, maintenance or parenting arrangements, which are separate matters. You must not remarry before the order becomes final.
Resolve Property and Family Financial Matters
Property can be resolved as soon as a relationship ends; you need not wait for divorce. There is no automatic 50-50 division or fixed formula. The outcome must be "just and equitable".
Please visit our Financial Agreements in Relationships web-page for more information.
Formalise Any Family Financial Agreements You Make
An agreed property and financial settlement may only be formalised through court consent orders or a property financial agreement drafted under the Family Law Act 1975 (Cth). Informal family property financial arrangements may not prevent later claims. Each party must also, by law, have independent legal advice before entering a property financial agreement.
Please visit our Financial Agreements in Relationships web-page for more information.
Assess the Property Pool and Contributions
Both parties must provide financial disclosure. Our principal lawyer is also CPA-qualified with forensic accounting experience, which may assist where business interests or complex records require examination.
Act Before the Time Limit Expires
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Married couples: applications for property adjustment or spousal maintenance generally must be filed within 12 months after the Divorce Order becomes final.
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De facto couples: applications for property adjustment or de facto maintenance generally must be filed within two years after the relationship breaks down.
Starting proceedings out of time requires the Court's permission, which is not automatic. Financial matters can be resolved before divorce, so seek advice early.
Prioritise Children's Interests
Parenting is separate from divorce. Arrangements may be informal, recorded in a parenting plan or made legally enforceable through parenting orders, including consent orders. If the Court is asked to decide, the child's best interests are the paramount consideration.
The post-divorce financial time limit does not apply to parenting applications. Seek urgent advice about safety, relocation or the risk of a child being removed or withheld.
Legal Fees and Related Estate Planning
Our fixed fees may be available for straightforward joint divorces. Other matters are quoted according to complexity. Court filing, personal service, experts' fees, and other external costs are additional; eligible applicants may qualify under government rules for reduced court filing fees.
Separation is also a sensible time to review your will, enduring power of attorney and medical treatment decision-maker appointment. Fixed fees may be available for straightforward wills, and some financial agreements
A properly prepared will ensures that your estate is managed and distributed according to your wishes and that the right person is appointed to carry out those wishes. We can also prepare an enduring power of attorney, allowing you to appoint someone you trust to make financial and personal decisions on your behalf, together with a separate appointment of medical treatment decision-maker for healthcare decisions if you lose capacity. These documents provide clarity, protect your interests, and reduce the risk of uncertainty or disputes for your family.
Book a Confidential Family Law Consultation
Every family situation is different. Contact ALFA Lawyers for a complimentary and confidential and free initial telephone assessment. We will explain your options, likely costs, and the practical next steps.
This page provides general information only and is not a substitute for legal advice about your circumstances. If you or a child is in immediate danger, call police on 000.