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SUPPORT THROUGH FAMILY LAW MATTERS

Divorce Lawyers in Adelaide

Divorce formally ends a marriage under Australian family law and often raises important questions about timing, children, and financial arrangements.

At Awkar & Co, we assist clients in understanding their position and navigating the divorce process so they can move forward with clarity and care.

 Book a Free 30-Minute Consultation

Appointments available in person or remotely

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

DIVORCE SUPPORT

How We Help With Divorce

Divorce is often one of the first formal legal steps taken after separation. While the process itself may appear straightforward, the timing, documentation, and how divorce interacts with other family law matters can affect your overall legal pathway.

At Awkar & Co, we help clients understand when and how to apply for divorce, what must be resolved alongside it, and how divorce fits within the broader family law process, so you can move forward with clarity and confidence.

    — so decisions are made with clarity, not pressure.

DIVORCE PROCESS

Understanding divorce under Australian family law

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

Separation is not always straightforward. Many couples may still live in the same home for financial or parenting reasons. In these situations, additional evidence may be required to demonstrate separation under one roof. We explain these requirements clearly so you understand what applies to your circumstances and how to prepare your application.

Understanding divorce under Australian family law

A period of 12 months and one day of separation is generally required before you can apply for divorce. Even if you have lived together during that time, separation may still be established with appropriate evidence.

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

Applying for Divorce

When can you apply for divorce?

To apply for a 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.

Note: Separation periods may affect related matters — for example, property settlement or spousal maintenance timeframes.

What does Divorce resolve?

What divorce does - and does not - resolve

While divorce formally ends a marriage, it does not automatically finalise other legal matters. Parenting arrangements, property settlement, financial support, and child support are separate matters and may continue before or after divorce proceedings.

We take a holistic approach that explains how divorce interacts with other family law processes so you are not caught off guard by additional obligations or time limits once divorce is finalised.

our role

How Awkar & Co can assist with divorce

  1. 1
    Understanding your circumstances and eligibility
  2. 2
    Advising on timing and procedural requirements
  3. 3
    Preparing and lodging divorce applications
  4. 4
    Guidance on how divorce interacts with other matters

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.

Need clarity on your divorce pathway?

If you’re considering divorce or want to understand how it connects with other family law matters, a consultation can help clarify your next steps.

 Request a Free 30 Consultation
Call (08) 8263 2444

Boutique family law advice • Norwood-based
Serving all of South Australia

Divorce and children

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

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.

seeking legal advice

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.

divorce lawyers south australia

Divorce lawyers in Norwood, South Australia

Divorce is one of the most legally significant steps after separation. It formally ends a marriage under Australian family law—but also raises important questions about timing, children, and what comes next.

At Awkar & Co, we help you understand where you stand, how to apply, and what to consider alongside divorce so you move forward with clarity and confidence.

 Call (08) 8263 2444

Norwood-based firm.
Appointments available in-person or remotely across South Australia.

Free 30-minute consult

Free 30-minute initial consultation

Phone, in-person, or online

Norwood-based, assisting across SA

Family law only

Frequently asked questions about divorce

What are the legal grounds for divorce in Australia?

In Australia, divorce is granted on a no-fault basis — the only requirement is that your marriage has irretrievably broken down, shown by a separation period of at least 12 months. The Court does not consider who was responsible for the breakdown.

How long do we have to be separated before we can apply for divorce?

You usually must have been separated for at least 12 months before the divorce application can be filed. You can count periods of separation even if you briefly lived together again for up to three months without restarting the clock, but this can be complex in some cases.

Can we be “separated” and still live in the same house?

Yes — this is called separation under one roof. You can still be considered separated even if you live together, but you will generally need to provide extra information to the Court to show that you and your spouse were living separate lives.

Who can apply for divorce in Australia?

You can apply for divorce in Australia if either you or your spouse:

  • is an Australian citizen,

  • regards Australia as your home and intends to live here indefinitely, or

  • ordinarily lives in Australia and has done so for at least 12 months before filing. 

Can one person apply if my spouse doesn’t agree?

Yes. One partner can file a sole divorce application even if the other does not want to divorce. In a sole application, formal service of the application on the other party is usually required.

Do we have to go to court for divorce?

Not always. If you file a joint application and there are no children under 18, you may not need to attend court. However, if it’s a sole application or there are children under 18, the Court may require you to attend a hearing.

How long after the hearing is the divorce final?

Once the Court grants your divorce, it generally becomes final one month and one day later unless the Court orders otherwise. This is when you are legally free to remarry.

Does a divorce deal with property and parenting arrangements?

No. A divorce simply ends your marriage. Property settlement, spousal maintenance, and parenting arrangements are separate legal matters with their own processes and time limits. For example, an application for property settlement is usually required within 12 months of your divorce becoming final.

Speak with a South Australian divorce lawyer

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.

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

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