Two gold wedding rings resting on a document, symbolising divorce and separation under Australian family law

Divorce lawyers in Norwood, South Australia

Divorce is a legal process that formally ends a marriage, however it often follows months or even years of separation and uncertainty. At Awkar & Co, we provide clear, practical divorce advice to help clients understand their position and progress through the process with confidence. As Norwood-based family lawyers, we assist clients across South Australia, including through remote appointments where appropriate.

Importantly, divorce is not just about paperwork. It can raise broader questions about parenting arrangements, property settlement, financial support, and future planning. Therefore, our approach ensures you understand not only how to apply for divorce, but also how divorce fits within the wider family law framework.

Understanding divorce under Australian family law

Under Australian family law, divorce is based on the principle of no-fault. This means the court does not consider who caused the breakdown of the marriage. Instead, the focus is on whether the marriage has broken down irretrievably, usually demonstrated by a period of separation.

However, separation is not always straightforward. Many couples remain living under the same roof after separation due to financial or parenting reasons. In these situations, additional evidence may be required. We explain these requirements clearly so you understand what applies to your circumstances and how to prepare your application correctly.

You can explore our full range of family law services to understand how different issues may be addressed together.

When you can apply for divorce

To apply for divorce in Australia, parties must generally have been separated for a continuous period before lodging an application. Separation can involve living apart or separation under one roof, provided certain criteria are met.

Because timing can affect related matters, such as property settlement and spousal maintenance deadlines, early legal advice is important. Therefore, we help clients understand when they are eligible to apply for divorce and how to plan the process alongside other family law considerations.

What divorce does - and does not - resolve

While divorce formally ends a marriage, it does not automatically resolve all family law issues. For example, divorce does not finalise parenting arrangements, property settlement, or child support. These matters are often addressed separately and may continue before or after divorce proceedings.

As a result, we take a holistic approach. We explain how divorce interacts with other family law processes and help you understand what steps may still be required. This ensures you are not caught off-guard by additional obligations or time limits after your divorce is finalised.

How Awkar & Co can assist with divorce

We assist clients with all aspects of the divorce process, including:

Advice on eligibility and timing
Preparation and lodgement of divorce applications
Separation under one roof explanations and evidence
Understanding court requirements and procedures
Guidance on next steps following divorce

Because family law is our only focus, we provide advice that is both legally accurate and practically grounded. Our goal is to reduce confusion, manage expectations, and help you move forward with clarity.

Divorce involving children

When there are children under the age of 18, additional considerations apply in divorce proceedings. The court must be satisfied that appropriate arrangements are in place for their care, welfare, and development.

We help clients understand what information is required and how parenting arrangements are assessed within the divorce process. Importantly, we ensure this information is presented clearly and accurately, particularly where parenting matters are ongoing or in a mediation process.

Attending court for divorce

In many cases, attendance at court is not required for a divorce application. However, certain circumstances may require a court appearance.

If court attendance is required, we explain the process in advance so you know what to expect. Clear preparation reduces stress and allows you to approach the process with greater confidence.

Why seek legal advice before applying for divorce?

Although divorce may appear straightforward, misunderstandings about timing, eligibility, or related family law matters can create complications later. Therefore, obtaining advice early can help prevent delays and unintended consequences.

By speaking with a family lawyer before lodging a divorce application, you gain clarity about your rights, responsibilities, and future steps. This proactive approach often saves time and reduces uncertainty as you move forward.

Speak with a divorce lawyer in Norwood

If you are considering divorce or need advice about your options, contact Awkar & Co to request a confidential appointment. We will help you understand the process and identify the most appropriate next steps.

Phone: (08) 8263 2444
Email: office@awkarco.com.au

Speak with our team

Free 30-minute initial consultation (phone or appointment).

If you need assistance with a family law matter, we invite you to contact Awkar & Co. We offer appointments in Norwood and remote consultations across South Australia.