Divorce lawyers in Ringwood

In Australia, divorce is the legal end of a marriage. It is governed by the Family Law Act 1975 (Cth) and administered by the Federal Circuit and Family Court of Australia (FCFCOA). The court applies a single ground: that the marriage has broken down irretrievably, evidenced by the parties having been separated for at least 12 months and there being no reasonable likelihood of them resuming the relationship.

A divorce order ends the marriage. It does not, on its own, divide property, deal with superannuation, decide who the children live with, or set child support. Those are separate legal processes under the same Act (or, for child support, under the Child Support (Assessment) Act 1989 (Cth)). Parenting arrangements and property settlement are dealt with on our Ringwood family lawyers page; this page is confined to obtaining the divorce order itself.

For eastern-suburbs clients, we prepare, file and manage divorce applications from our Ringwood office at 281 Maroondah Highway. Most of the process can be dealt with in writing and through the Commonwealth Courts Portal; where the court directs attendance, we appear on your behalf.

To apply for divorce in Australia, at least one party to the marriage must be an Australian citizen, regard Australia as their permanent home and intend to live in Australia indefinitely, or ordinarily live in Australia and have done so for the 12 months immediately before filing. An application can be filed once the parties have been separated for 12 months and one day, and the court must be satisfied there is no reasonable likelihood of the parties resuming cohabitation.

Separation does not require either party to move out of the family home. Separation under one roof is recognised, but the court requires careful evidence. For a sole application, the applicant files their own affidavit and should also file an affidavit from an independent adult who observed the changes to the relationship. For a joint application, each party should file a separate affidavit and an independent affidavit may also be appropriate; current FCFCOA guidance treats an independent affidavit as recommended in this scenario. We tailor the evidence to the facts rather than applying a rigid checklist.

A divorce application can be filed by one party (sole application) or by both parties together (joint application). A joint application is filed by both spouses and does not need to be served. A sole application must be served on the other party in accordance with the FCFCOA Rules and the current Divorce Practice Direction (FAM-DIVORCE), and appropriate proof of service must be filed before the hearing.

Applications are filed electronically through the Commonwealth Courts Portal. The filing fee is set by the FCFCOA and is subject to a reduced-fee application in cases of financial hardship or receipt of specified Commonwealth benefits. We prepare and file the application, the supporting affidavits and any translation of a foreign marriage certificate, and we manage portal correspondence on your behalf.

For a sole application, service may be effected by hand or by post in accordance with the FCFCOA Rules. The applicant must not personally serve the respondent by hand — a process server, another adult or the party's solicitor arranges hand service. After service, the required affidavit of service must be filed. Where service is by post, the respondent's signed Acknowledgment of Service is also required. Where hand service is made by a person who did not know or could not identify the respondent, additional identification evidence may be required. Where the respondent cannot be located, the applicant can apply for substituted service or dispensation of service; those interim applications are determined on their own facts and social media service is not automatically approved.

Where there is a child of the marriage under 18, the court must be satisfied that proper arrangements have been made for the care, welfare and development of that child before it will grant a divorce. This does not require formal parenting orders — it does require the court to be told, in the application, what the current arrangements are, and to be satisfied those arrangements are proper in the circumstances.

A 'child of the marriage' has a specific meaning in the Family Law Act; it includes children born to the parties, children adopted by them, and (in some circumstances) children treated by both parties as a child of the family. Step-children and children born through assisted reproductive technology can fall within the definition.

The divorce process does not itself deal with parenting orders, child support or property. Those are covered on our Ringwood family lawyers page. Where children are involved, we co-ordinate the divorce application with any pending or contemplated parenting or property matter so that timing works in your favour.

Under the current Divorce Practice Direction (FAM-DIVORCE, updated 10 June 2025), most divorce hearings proceed without the parties attending. Attendance may be required where a response opposing the divorce is filed, an application for substituted service or dispensation of service is being determined, the court directs attendance, or another issue requires oral clarification. Divorce hearings are conducted by telephone unless the court advises otherwise. Attendance may also be advisable where additional evidence is needed (for example, on separation under one roof), but attendance is not automatic simply because the application is a sole application or there is a child under 18.

Where the papers are in order and the criteria are satisfied, the court makes the divorce order. The final divorce order takes effect one month and one day after it is made, and the parties are then free to remarry. The digital divorce order is available through the Commonwealth Courts Portal and is the court's official record of the divorce. Because the order takes effect a month after the hearing, remarriage should not be booked until the order has taken effect.

The date the divorce order takes effect starts a strict 12-month limitation period. Property settlement and spousal maintenance proceedings must be commenced within that 12 months, or the applicant needs the court's leave to file out of time — which is not always granted. If any part of the financial relationship remains unresolved at the time of divorce, obtain advice before the order takes effect, not after.