Divorce is the formal legal ending of a marriage. It is completely separate from dividing your assets (Property Settlement) or deciding who the children live with (Parenting Arrangements).
In Australia, we have a “No Fault” divorce system. This means the Court does not need to know why the marriage ended (e.g., infidelity or unreasonable behaviour). The only ground for divorce is that the marriage has broken down irretrievably.
The 12-Month Separation Rule
Before you can apply for a divorce, you must satisfy the Court that you and your spouse have been separated for at least 12 months and 1 day.
”Separation Under One Roof”
It is common for couples to remain living in the same home after separating due to financial pressures. This is called “separation under one roof.” You can still count this time towards your 12 months, but you will need to provide extra evidence (an affidavit) proving that you were living independent lives (e.g., cooking separately, sleeping in separate rooms, not attending social events together).
How ezylegal helps: Our AI intake assistant, Rachel Z, helps you document these dates and details clearly so our lawyers can draft the necessary affidavits for you.
Sole vs. Joint Applications
There are two ways to apply for a divorce:
- Joint Application (Recommended): Both you and your ex-spouse agree to the divorce and sign the paperwork. This is faster, cheaper, and usually does not require a court attendance.
- Sole Application: You apply on your own and “serve” the papers to your ex-spouse. This is necessary if your ex refuses to sign or cannot be found.
Do I Need to Go to Court?
- No: If you make a Joint Application and do not have children under 18.
- Yes: If you make a Sole Application and there are children under 18 (the Court wants to ensure proper arrangements are in place for them).
With ezylegal, even if court attendance is required, our lawyers can often appear on your behalf so you don’t have to face a stressful courtroom.
The Cost of Divorce
Traditional law firms often charge by the hour, meaning a simple divorce could cost you thousands if your lawyer spends time on phone calls or letters.
At ezylegal, we do things differently.
We use AI to handle the administrative heavy lifting—gathering your marriage certificate, separation dates, and personal details. This allows our expert Australian lawyers to focus purely on the legal review and filing.
The Result? A fixed-fee service that is a fraction of the cost of traditional firms, with a guaranteed timeline.
Ready to Move On?
You don’t have to navigate the Federal Circuit and Family Court system alone.
- Start a Chat: Tell Rachel Z about your situation (it takes 5 minutes).
- Get a Strategy: Our lawyers review your facts and give you a fixed-fee quote.
- We Handle the Rest: We draft, file, and serve your divorce papers.