Family Law
Divorce & Separation
Moving Forward with Confidence
Ending a marriage or de facto relationship is a difficult decision. At Honest Grace Legal, we provide compassionate and practical legal support to help you through the process of divorce or separation, ensuring your rights are protected and your future is secure.
Understanding Divorce & Separation
Divorce and separation involve legal steps to formalise the end of a relationship. Key aspects include:
Divorce for Married Couples:
- Eligibility: You must be separated for at least 12 months.
- No-Fault Principle: The court does not consider why the relationship ended.
Separation for De Facto Couples:
Key Considerations During Separation:
- Division of assets and liabilities.
- Arrangements for children.
- Spousal maintenance where necessary.
The goal is to provide clarity and finality while allowing both parties to move forward.
Why Choose Honest Grace Legal?
We understand that separation can be overwhelming. Our team is here to guide you every step of the way with:
Clear Communication
We explain your options in plain terms.
Tailored Advice
Each case is unique, and we craft solutions that suit your situation.
Strong Advocacy
We strengthen your position by providing real advocacy to protect your rights and interests.
Common Questions About Divorce & Separation
Do I need to go to court to get divorced?
Previously, if you filed a sole divorce application and had children under 18, you were required to attend a court hearing. However, from 10 June 2025 onwards, court attendance is no longer mandatory in such cases. This means that even if you are the sole applicant with children under 18, you are not required to attend a court hearing for your divorce application.
For property settlements or matters involving children, attending court is typically only necessary if there are disputes that cannot be resolved through negotiation or mediation.
Do I need to go to counselling if I want to file for divorce, but we’ve only been married for less than 2 years?
Under the previous law, if you had been married for less than two years, you were required to attend counselling with your spouse before applying for divorce, or seek the court’s permission to proceed without counselling. However, with the new legislation taking effect from 10 June 2025, this requirement has been removed. You are no longer required to attend counselling or obtain court permission to apply for divorce, even if your marriage has lasted less than two years.
What happens if we reconcile during the separation period?
If you resume your relationship for less than three months, the separation period continues from where it left off.
Is separation different for de facto couples?
While de facto couples don’t need a formal divorce, they still require legal arrangements for property and parenting.
Take the First Step
Divorce and separation can feel daunting, but you don’t have to face it alone. Honest Grace Legal is here to provide clear, supportive advice to help you move forward.
Contact us today to discuss your divorce or separation needs.
Meet Our Family Law Team
Get to know our dedicated legal team, committed to guiding you with expertise and care.