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Divorce

In Australia, there is no need to provide any reasons for divorce other than that the relationship has broken down irretrievably. If you’ve been separated for more than 12 months the court takes this as evidence of the fact, and even if you still live under the same roof you can still obtain a divorce provided you swear to the separation in your divorce application.

What do I need to apply for a divorce?

You will need your marriage certificate, identification, and proof of citizenship (if you were not born in Australia).

How long does a divorce take?

When you lodge your application the court will advise the date of the hearing, usually within 2 – 3 months. The hearing is not long and you may not need to attend. The divorce order becomes final in one month and one day from the date of the hearing, provided it is granted.

What about the children?

The court needs to be satisfied that your children are being taken care of before a divorce will be granted, but will not expect that you have a formal agreement in place in regard to parenting matters.

What about the property?

You may be able to reach an agreement with your ex-partner without having to go to Court. However, bear in mind that if you can’t reach an agreement, a formal application for property orders must be lodged within 12 months of your divorce becoming final.

What do I need to apply?

You will need your marriage certificate, identification, and proof of citizenship (if you were not born in Australia).

How long does it take?

When you lodge your application the court will advise the date of the hearing, usually within 2 – 3 months. The hearing is not long and you may not need to attend. The divorce order becomes final in one month and one day from the date of the hearing, provided it is granted.

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Andrew Capelin

Principal Director

Andrew Capelin is the Principal of Capelin Law; he is a lawyer, mediator and collaborative practitioner with over 25 years of experience in legal practice and business. Capelin Law is built on the belief in making every effort to help people resolve their issues without using a court. This approach is faster, cheaper and less stressful. Therefore we believe it is just a better way of doing things.

Andrew practiced as a barrister for about 10 years which makes him very competent and confident in a courtroom! Ironically, Andrew now handles very few litigation matters these days, preferring to focus on helping families resolve their issues collaboratively.   

Consequently, Andrew finds collaborative practice to be a very fulfilling part of the work that he does and is passionate in his belief that it gives better outcomes for families.

Andrew’s other passion is playing golf.