Family law advice for the next step

Divorce Lawyers Adelaide → Separation & De Facto Advice

Divorce Lawyers Adelaide: Separation can affect your home, finances, children and plans for the future. O’Dea Lawyers provides clear, practical advice about divorce applications, separation, de facto relationship breakdowns and the family-law issues that often arise alongside them.

Whether the separation is cooperative, contested or complicated by service, overseas connections or urgent concerns, we help you identify what matters now and what should happen next.

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Divorce and separation legal services in Adelaide

How we can help

Practical support through separation and divorce

Divorce is only the formal ending of a marriage. The decisions made before and after it can have much wider consequences. We help you understand the different issues and deal with them in the right order.

Early separation advice

Clarify your separation date, immediate priorities, documents to preserve and practical steps that may protect your position.

Divorce applications

Advice and assistance with eligibility, sole or joint applications, supporting evidence, filing and the steps through to a final divorce order.

Service difficulties

Help with service requirements, locating a former spouse and applications for substituted service or dispensation where appropriate.

Separated under one roof

Preparing the additional affidavit evidence the Court may require if you continued living at the same address after separation.

De facto separation

Advice about parenting, property, maintenance and the different limitation period that may apply after a de facto relationship ends.

Connected family-law issues

Coordinating divorce or separation advice with parenting arrangements, child support, property settlement and financial agreements.

Important distinction: a divorce legally ends a marriage, but it does not determine parenting arrangements, divide property or decide maintenance. Those issues require separate agreement, advice or court orders.

Divorce eligibility

When can you apply for divorce?

Australia has no-fault divorce. The Court does not decide who caused the marriage to end. The legal ground is that the marriage has broken down irretrievably and there is no reasonable likelihood that married life will resume.

Generally, before filing you will need to establish that:

you and your spouse have been separated for at least 12 months and one day;
you or your spouse has the required connection with Australia;
you can provide a marriage certificate or suitable evidence explaining why it cannot be obtained; and
the application gives the Court sufficient information about arrangements for any children of the marriage under 18.

If the marriage lasted less than two years, additional counselling and certificate requirements may apply unless an exemption is available. Obtain advice before filing.

Choosing the application

Joint divorce or sole divorce?

The same online form is used, but the signing and service obligations are different. The right approach depends on whether both parties will cooperate with the application.

Both spouses apply

Joint application

Both spouses are joint applicants and both sign the application. One person can prepare the online form for the other to review.

No formal service on the other spouse is required.
It can simplify the process where communication remains workable.
It does not mean the parties must agree about parenting, property or maintenance.

One spouse applies

Sole application

The applicant signs and files the application. The other spouse becomes the respondent and does not need to agree to the divorce.

The filed documents must be formally served on the respondent.
The applicant cannot personally serve the documents.
Additional applications may be needed if the respondent cannot be located.

The application pathway

How the divorce process works

A straightforward application can still be delayed by incomplete evidence, service problems or incorrect information. Careful preparation helps the application move through the Court’s online process more efficiently.

Confirm eligibility

Check the separation period, Australian connection, marriage evidence and any special issues such as separation under one roof.

Gather documents

Collect the marriage certificate, identity and citizenship material, children’s information and any affidavits required by your circumstances.

Prepare and file

Complete the Application for Divorce and electronically file it through the Commonwealth Courts Portal with the required material and filing fee.

Complete service

For a sole application, arrange service within the Court’s time limits and file evidence proving that service was completed correctly.

Address the hearing

Divorce hearings are generally conducted electronically. Attendance requirements depend on the type of application and whether any issue needs the Court’s attention.

Obtain the final order

If the divorce is granted, it ordinarily becomes final one month and one day later. Do not plan to remarry until the order is final.

For a sole application, service is generally required at least 28 days before the hearing if your spouse is in Australia, or 42 days before the hearing if they are overseas. The applicant must not personally serve the documents.

Beyond the divorce order

Many clients need advice well before they can apply for divorce, and de facto couples do not apply for divorce at all. The practical work often concerns children, financial security and formalising agreements.

Parenting arrangements

Advice about parenting plans, consent orders, disputed arrangements, relocation, urgent applications and changing existing orders.

Parenting arrangements lawyers

Property settlement

Identify the asset pool, liabilities, contributions, current and future circumstances, disclosure obligations and available pathways to settlement.

Family property settlements

Child support

Understand administrative assessments, private agreements, changes of assessment, arrears and how child support relates to broader parenting arrangements.

Child support lawyers

Financial agreements

Advice on binding financial agreements before, during or after a relationship, including the independent legal advice required for an agreement.

Prenups and BFAs

Safety and urgent protection

Where separation involves threats, abuse, stalking or immediate risk, urgent advice may be needed about protective orders and related family-law steps.

Intervention order advice

Family-law service overview

See how O’Dea Lawyers’ divorce, parenting, property, child support and related family-law services fit together.

Explore family law services

Do not overlook the clock

Property and maintenance deadlines

Divorce and property settlement are separate processes, but the divorce order can start an important limitation period. You do not need to wait for divorce before seeking advice or resolving property matters.

Married couples: an application for property or spousal-maintenance orders generally must be filed within 12 months after the divorce order takes effect.

De facto couples: an application for property or maintenance orders generally must be filed within two years after the relationship breaks down.

Permission may sometimes be sought to apply out of time, but it is not automatic. Obtain advice early rather than relying on a late application.

When the application is not straightforward

Complex divorce and separation situations

Some applications need additional evidence or a separate procedural step. Identifying the issue before filing can prevent an avoidable adjournment.

You cannot locate your spouse

Reasonable attempts to locate the respondent should be documented. An application for substituted service or dispensation of service may then be required.

Your spouse is overseas

Australian eligibility, an Australian address for service and the longer overseas service period all need attention. Overseas service can also raise practical issues.

You married overseas

A valid overseas marriage can generally support an Australian divorce if the jurisdiction criteria are met. A non-English certificate requires the prescribed translation material.

The separation date is disputed

Evidence may be needed about when one or both parties regarded the marriage as over and how that intention was communicated.

The marriage was brief

If the marriage lasted less than two years, counselling and certificate requirements may apply unless the Court grants permission to proceed without them.

There are safety concerns

Tell your lawyer about family violence, threats or privacy risks before service or communication is arranged so that the process can be planned safely.

Preparing for advice

What to bring and what the process may cost

Useful documents and information

Your marriage certificate and any certified translation.
The date and circumstances of separation.
Current addresses and contact details for both spouses.
Citizenship, residence or visa information where relevant.
Details of children under 18 and their current arrangements.
Any existing court orders, applications or service material.
Evidence relevant to separation under one roof or attempts to locate your spouse.

You do not need every document before making an appointment. Bring what you have and we can identify what is still required.

Fees and timeframes

The Court charges a filing fee for a divorce application. A reduced fee may be available in qualifying circumstances. Court fees can change, so the current amount should be confirmed before filing.

Legal fees depend on whether you need advice only, preparation and filing, service assistance, affidavits or additional applications. We will explain the proposed scope before substantive work begins.

The Court allocates the hearing date after filing. Service difficulties, inadequate evidence or questions from the Registrar can extend the process. If the divorce is granted, the order ordinarily becomes final one month and one day later.

Planning to remarry? Do not set a wedding date on the assumption that a divorce will be granted at the first listing. Wait until the divorce order is final.

Common questions

Divorce and separation FAQs

What is the difference between separation and divorce?

Separation is the breakdown of the relationship in practice. Divorce is the court order that legally ends a marriage. A person can be separated without being divorced, and de facto couples separate without applying for divorce.

How long must we be separated before applying for divorce?

You generally need to have been separated for at least 12 months and one day before filing. At least one spouse must have regarded the marriage as over and communicated that intention to the other.

Can we be separated while living in the same house?

Yes. This is commonly described as separation under one roof. Additional affidavit evidence is ordinarily required to show that the marital relationship ended even though you continued sharing an address.

Does my spouse have to agree to the divorce?

No. You can make a sole application. The respondent may raise a legal issue with the application, but disagreement with the decision to end the marriage is not by itself a basis to prevent a divorce where the legal requirements are satisfied.

Do I have to attend a divorce hearing?

Not in every matter. Attendance depends on the application and whether an issue requires attention—for example, an opposed response, a service application or circumstances needing further affidavit evidence. Divorce hearings are generally conducted electronically by phone.

Who can serve a sole divorce application?

The applicant cannot personally serve the respondent. Service may be carried out by another adult or a professional process server, with the required proof of service then filed.

What if I cannot find my spouse?

You should document reasonable attempts to locate them. Depending on the evidence, you may apply for substituted service—using another method likely to bring the documents to their attention—or dispensation of service.

Can I divorce in Australia if we married overseas?

Potentially, yes. The marriage must be recognised and either spouse must satisfy the Australian connection requirements. A marriage certificate not written in English requires an appropriate translation and affidavit material.

Does divorce decide property settlement or parenting arrangements?

No. Divorce legally ends the marriage. Parenting, child support, property settlement and maintenance are separate issues and may need separate agreements, applications or orders.

When does a divorce become final?

If granted, a divorce order ordinarily becomes final one month and one day later unless the Court makes a special order. You must not remarry before the order is final.

Is there a deadline for property settlement after divorce?

For married couples, an application for property or spousal-maintenance orders generally must be filed within 12 months after the divorce order takes effect. Different limits apply to de facto couples. Seek advice early because permission to proceed out of time is not automatic.

Do de facto couples need to get divorced?

No. Divorce only applies to a marriage. However, de facto separation can still give rise to parenting, child-support, property and maintenance issues, with a general two-year limitation period for de facto property or maintenance applications.

Can O’Dea Lawyers prepare the divorce application for me?

Yes. Depending on the agreed scope, we can advise on eligibility, prepare and file the application, assist with service and affidavits, address procedural complications and explain how the divorce relates to your other family-law issues.

Prepared by: O’Dea Lawyers Family Law Team

Legally reviewed by: Damien O’Dea, Principal

Professional involvement: Member, Family Law Section of the Law Council of Australia

Last reviewed: 2 August 2026

Primary legal sources

This page provides general information only and is not legal advice. Family-law outcomes and procedural requirements depend on the facts of each matter. Court forms, fees and processes may change. Obtain advice about your circumstances before acting or allowing a limitation period to expire.

Move forward with a clearer plan

Need advice about divorce or separation?

Tell us what has happened, what is urgent and what you want to resolve. O’Dea Lawyers can help you understand the legal position and choose a practical next step.