This article was written by Jialin Liu Solicitor at W & G Lawyers. For further information about Jialin Liu‘s professional background, legal experience, and areas of practice, please click on her name to view her full profile.
The decision to end a marriage is never easy. But once that decision has been made, taking the right legal steps can bring a sense of closure and allow you to move forward with confidence — in your personal life, your finances, and your future plans.
Understanding what divorce means for you, and when it may matter, is an important first step.
Separation and Divorce Are Not the Same Thing
While most people understand that divorce requires a formal application, the legal requirements and their practical implications are not always straightforward.
Under the Family Law Act 1975 (Cth), separation alone does not end a marriage. This distinction can matter more than you might expect.
For example, your legal marital status may affect:
- Your ability to remarry — You cannot legally remarry in Australia until your divorce is finalised. If you have found love again and are thinking about the future, this is an important step to consider.
- Visa applications — If you or your new partner are considering a partner visa, your legal marital status will be relevant to that process.
- Your estate and superannuation — Your marital status can affect how your assets are distributed, who benefits from your superannuation, and how your will operates. Updating these arrangements to reflect your current circumstances is an important part of protecting yourself and the people you care about.
If any of these situations apply to you, it may be worth speaking with a lawyer sooner rather than later.
What Does the Law Actually Require?
Australia operates under a no-fault divorce system. Under section 48 of the Family Law Act 1975 (Cth), the sole ground for divorce is that the marriage has broken down irretrievably.
The Court does not consider who was responsible for the breakdown of the marriage. There is no need to revisit painful details or assign blame.
To satisfy the legal requirements, you must demonstrate that:
- you and your spouse have been separated for at least 12 months, and
- there is no reasonable likelihood of resuming married life.
Both requirements must be met before a divorce order can be made.
What If You Are Still Living Together?
You may be surprised to learn that you do not need to be living apart to be considered separated under Australian law.
In some situations — often due to financial pressures or practical constraints — couples continue living under the same roof even though their relationship has genuinely ended. This is known as “separation under one roof.”
If this applies to you, additional evidence may be required to satisfy the Court that you were genuinely separated during the relevant period. This is a situation where obtaining legal advice early can make a significant difference to how your application is prepared and presented.
What About Your Children?
If you have children under the age of 18, the Court must be satisfied that proper arrangements have been made for their care, welfare, and development before granting a divorce order.
We understand that your children’s wellbeing is your greatest priority. Ensuring the right arrangements are in place is not just a legal requirement — it is an opportunity to provide your children with the stability and security they deserve as your family moves forward.
If you are unsure whether your current arrangements are sufficient, speaking with a family lawyer can help give you peace of mind.
Every Situation Is Different
Divorce is not a one-size-fits-all process. While the legal requirements may appear straightforward, the circumstances surrounding each application can vary significantly — particularly where there are children involved, where parties have lived overseas, or where the separation has been complex.
Getting the right advice early can help you avoid unnecessary delays and ensure your application reflects your situation accurately.
Get Legal Support
At W & G Lawyers, we understand that divorce is not just a legal process — it is a deeply personal one. Our team is here to support you through every step with clarity, care, and practical guidance.
We can assist you with:
- Understanding whether you meet the legal requirements for divorce
- Navigating separation under one roof situations
- Preparing and filing your divorce application
- Advising on more complex circumstances, including international marriages
- Connecting your divorce process with broader considerations such as parenting arrangements and estate planning
Taking the first step can feel overwhelming. We are here to make it easier.
Resources
Visit or Contact Us
📍 68 Bryants Road, Shailer Park QLD 4128
📞 (07) 2810 5666
🌐 www.wglawyers.com.au
✉ info@wglawyers.com.au
Disclaimer
The article published by W & G Lawyers is intended to provide general information only and does not constitute legal advice on any subject matter. By accessing or reading this article, the reader acknowledges that no solicitor–client relationship is created between the reader and W & G Lawyers.
The content should not be relied upon as a substitute for obtaining legal advice from a qualified legal practitioner. Readers are encouraged to engage a lawyer to obtain advice tailored to their specific circumstances. You may contact our office or locate a solicitor through the Queensland Law Society online directory at https://www.youandthelaw.com.au/directory
This article does not take into account all potential future legislative amendments, regulatory changes, or developments in case law. Accordingly, the content may not reflect subsequent changes in the law and should not be relied upon as legal advice for any particular situation.
This article will not be updated after publication. Any subsequent developments in the law or legislative changes may be addressed in separate future publications.