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Divorce and Separation
Our team of experienced family lawyers offers personalised legal services to help you navigate your divorce or separation with clarity and confidence. Our team can assist you with all legal aspects of your separation including the division of property and assets, parenting matters and the divorce filling with the Court.
Experienced divorce lawyers for guidance you can trust
When a marriage breaks down, it’s a stressful and uncertain time for everyone involved. Even if both parties are in agreement on seeking a divorce and are ending their marriage on good terms, settlement can often become challenging. Questions may arise about the division of assets and property, parenting arrangements, and who gets the family pet.
East Coast Law are experts in family law. Our experienced divorce lawyers will guide you through divorce proceedings, parenting arrangements and financial settlements to help you move on with the rest of your life.
We can help you with:
- Divorce applications and lodgement with the Court (after 12 months of separation)
- De facto separations including settlement of property and parenting matters
- Family Mediation & Dispute Resolution for negotiating property and parenting matters with your former partner
- Consent Orders to make legally binding agreements on property and parenting matters with your former partner
- Legal advice and guidance from experienced family law solicitors
- Representation in negotiations and Court if required
We are an affordable and approachable law firm with offices in Newcastle, Central, Maitland, Edgeworth & Port Macquarie.
Our team is here to help you navigate separation and divorce, offering care, compassion and certainty during a difficult time.
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Am I Eligible for Divorce?
Since the introduction of The Family Law Act of 1975, Australia has operated under a no-fault divorce system. This means that if you can show that your marriage has irretrievably broken down and you have been separated for at least 12 months and 1 day, you are eligible for a divorce. A divorce can be undertaken as a joint application (where both parties agree to file together) or a sole application where one party initiates the divorce process and makes a sole application to legally end the marriage.
In general, a successful divorce application in Australia will progress as follows:
- Complete and file a divorce application
- Receive your court hearing date
- Serve the application on your spouse (sole applicants only)
- The application for divorce will be heard in the Federal Circuit and Family Court of Australia (personal attendance may not be required)
- Receive the Certificate of Divorce after expiration of 1 month and 1 day from the date the divorce is granted.
For more detailed information on the process of getting a divorce and answers to many frequently asked questions please see our How to Get a Divorce resource or get in touch with our friendly team.
Do I Need a Divorce Lawyer?
While engaging a lawyer to provide legal advice and represent your interests is not compulsory in Australian family law, it is highly recommended for the majority of divorce applicants. A quality family law solicitor or lawyer will provide essential legal expertise, ensure fair asset division and custody arrangements, help navigate complex legal procedures, and protect your rights and interests throughout the process.
Why Choose East Coast Law?
We understand that a divorce can be an extremely difficult and emotional experience. We always hold the welfare of children, as well as the emotional and financial needs of our clients as our top priorityOur dedicated legal team will ensure you understand your obligations, rights, and entitlements under Australian family law. We will provide expert legal advice and guidance to make navigating the divorce process as clear and simple as possible.We aim to resolve all family law matters outside of Court wherever possible, to minimise the expense and stress involved for you. Whenever necessary, our highly experienced divorce lawyers will represent you in the Federal Circuit and Family Court of Australia to reach the best possible outcome for your situation.Our team of expert divorce lawyers will ensure your divorce proceeds smoothly, ensuring minimal stress and allowing you to focus on looking after yourself and your family in this challenging time.
More than just a divorce application
Many people do not realise that an application for divorce has nothing to do with property settlement and/or parenting arrangements for their children. Issues regarding property and parenting are separate from an application for divorce. However, they are often heavily intertwined and related.
As a full-service family law firm, East Coast Law offers its services to ensure all the important aspects of family separation and divorce are covered and ensure your interests in these areas are properly represented and advocated for.
We will attend and represent your interests in family law mediations and out of court settlement negotiations for parenting and property issues. Where agreements are able to be reached we will document and file Consent Orders with the Court. Where the other party is not responding we will advise you when to commence court action.
Divorce Law FAQ
How long does it take to get a divorce?
The average time frame to complete the divorce process from start to finish in Australia is approximately 4-5 months. However, dealing with property division and parenting issues can often slow down the process.Once we understand your circumstances and requirements, we will be able to give you a more accurate estimate of how long it will take.
How much does it cost to get a divorce?
The divorce application filing fee is currently $1,060.00. There are additional expenses to consider when looking beyond the divorce to finalise parenting and financial arrangements.Once we understand your circumstances, we will give you a written costs estimate and outline payment options.
Who pays for a divorce?
If your former spouse agrees, you can share the filing fees. If you are making a sole divorce application you will usually pay the filing fee. Legal advice and representation is an extra cost that is handled by each party individually.
Can I get a divorce without my spouse knowing?
You can initiate divorce proceedings without your spouse knowing by making a sole application. However, your spouse is required to be notified as part of the process. You are required to provide the Court with evidence that your spouse has been served with a copy of your divorce application.
What happens when one spouse doesn't want a divorce?
A divorce does not have to be agreed to by both parties. A sole application can be lodged by one spouse, without having to be signed by the other.
Does it matter who initiates a divorce?
Under Australian family law, it does not matter who initiates a divorce or why the marriage has irretrievably broken down.
What do I need to do to get divorced?
- Provide proof of your marriage
- State that your marriage has irretrievably broken down
- Prove you have been separated for at least 12 months and 1 day
- Complete and lodge an application for divorce
If I got married overseas, can I get a divorce in Australia?
You can divorce in Australia if Australian law recognises your marriage as legal, even if you were married overseas.
Searching for an affordable, experienced and efficient divorce lawyer?
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