Divorce is the legal termination of a marriage as recognised in a court of law. Divorce is available after 12 months of separation. A Divorce Order takes effect one month after the application is made. A Divorce Certificate is issued after that time, at which point the parties are then free to marry. The team at JS Law & Associates can meet you at our Woodend or Bendigo office to provide advice.
Divorce is never easy and can be a difficult time in a person’s life.
Receiving good legal advice is imperative to ensure that your divorce proceeds as smoothly as possible with the best possible outcome on your behalf. Some of the benefits of working with an expert divorce lawyer include:
- Expert advice
- Correct documentation collection
- Error-free processing
- A speedy and concise conclusion
- Support and direction during a difficult time.
Throughout Australia (except W.A.) a Divorce Order revokes a gift of property or appointment of Trusteeship made in a Will in favour of a spouse.
There is a time limit of 12 months after a Divorce Order has taken effect to file an application for property settlement or spousal maintenance except by leave of the court or consent of the parties.
Our experienced divorce lawyers can assist you to make an application for Divorce and if required represent you at the Divorce Hearing.
Please contact our solicitors in Bendigo, Woodend, or in the Macedon Ranges to book an appointment at your earliest convenience.
Frequently asked questions
Do I need a divorce lawyer to apply for divorce?
You do not legally need a divorce lawyer to apply for divorce in Australia. However, a lawyer can help you understand the application process, prepare the required documents and address complications involving children, property or a spouse who cannot be located. JS Law and Associates provides divorce advice from its Bendigo and Woodend offices, helping clients understand their legal obligations and the steps required to finalise their marriage.
How long does it take to get a divorce in Victoria?
In Victoria, couples must generally be separated for at least 12 months and one day before applying for divorce. Applications are processed through the Federal Circuit and Family Court of Australia. If the application is approved, the divorce usually becomes final one month and one day after the Divorce Order is made. Divorce lawyers in Bendigo and Woodend can assist with preparing applications and explaining factors that may affect the timeframe, including service requirements and court processing times.
Can I get divorced if my spouse refuses to agree?
Yes. Under Australian family law, you can apply for divorce even if your spouse does not consent. Australia operates under a no-fault divorce system, meaning the court does not consider who was responsible for the marriage breakdown. You must generally demonstrate at least 12 months of separation and satisfy the other legal requirements. A divorce lawyer can assist with a sole application, serving court documents and addressing complications if your spouse refuses to participate.
Do I need to finalise our property settlement before getting divorced?
No. In Australia, divorce and property settlement are separate legal processes. You can apply for divorce before finalising how assets, debts and superannuation will be divided. However, married couples generally have 12 months from the date their divorce becomes final to commence property settlement proceedings, unless an exception applies. Divorce lawyers in Bendigo can explain these time limits and assist clients in Woodend, Kyneton, Castlemaine and surrounding areas with related financial matters.
Can I apply for divorce if we still live in the same house?
Yes. Australian family law recognises separation under one roof, meaning you may be considered separated even while continuing to live at the same address. You must demonstrate that your marital relationship has ended, which may involve providing evidence about changes to your living arrangements, finances and personal relationship. JS Law and Associates provides divorce lawyer services in Bendigo and Woodend, assisting clients with understanding the evidence and additional documentation that may be required.
