Divorce is the formal legal dissolution of a marriage, granted by the Federal Circuit and Family Court of Australia. Australia operates a no-fault divorce system, meaning the only ground for divorce is the irretrievable breakdown of the marriage — proven by 12 months of separation. You do not need to prove wrongdoing, adultery, or fault on either side. R+M Law's divorce lawyers in Canberra, Queanbeyan, and Yass handle all aspects of divorce and separation.

To apply for divorce in Australia:
(1) You must have been separated for at least 12 months.
(2) You or your spouse must be an Australian citizen, ordinarily resident in Australia, or domiciled here.
(3) You file a divorce application (sole or joint) with the Federal Circuit and Family Court of Australia and pay the filing fee.
(4) If it is a sole application, the other party must be served with the application.
(5) The court schedules a hearing (usually 2–3 months later) and, if satisfied, makes a divorce order — which becomes final one month and one day later.

Divorce applications in Canberra are filed with the Federal Circuit and Family Court of Australia (the court's Canberra registry). R+M Law offers a fixed-fee divorce service: a joint application is $1,200 + GST + disbursements (including the $1,125 court filing fee), and a sole application is $1,400 + GST + disbursements. Our solicitors manage the entire process — from filing and service through to the hearing — so you can focus on moving forward.

Legal separation is the point at which a couple decides their relationship is over — even if they still live together. There is no formal document or court order required for separation in Australia; it simply requires one or both parties to treat the marriage as finished. Divorce, by contrast, is the formal court order that legally ends the marriage. You must have been separated for at least 12 months before you can apply for a divorce. Separation does not automatically resolve property or parenting matters — these must be addressed separately.

There is no automatic 50/50 split of assets in Australian divorce law. The Federal Circuit and Family Court considers:
(1) the value of all assets, liabilities, and superannuation;
(2) each party's financial and non-financial contributions;
(3) each party's future needs (income, age, health, caring responsibilities); and
(4) what is just and equitable overall. The outcome is unique to every couple's circumstances. Property settlement claims must generally be made within 12 months of your divorce becoming final.

Yes — a Binding Financial Agreement (BFA) made before marriage (the Australian equivalent of a prenup) is a recognised and enforceable legal document under the Family Law Act 1975, provided strict requirements are met. Both parties must receive independent legal advice from a qualified solicitor. A BFA gives couples certainty about how their assets will be divided if they separate, reducing the risk of costly court proceedings later. R+M Law drafts and advises on BFAs for clients across Canberra, Queanbeyan, and Yass.

R+M Law offers fixed-fee divorce rates in Canberra: a joint application is $1,200 + GST + disbursements, and a sole application is $1,400 + GST + disbursements (disbursements include the court filing fee of $1,125 and a process server fee of approximately $120 where required). For matters involving additional complexity — such as marriage under two years or separation under one roof — competitive pricing is available. All fees are discussed transparently at your first consultation.

You are not legally required to have a lawyer to apply for divorce in Australia. However, a divorce solicitor ensures the application is correctly prepared and filed, that service requirements are properly met, and — critically — that your property and parenting rights are identified and protected before the divorce order becomes final. Many people who apply for divorce without a lawyer later discover they have missed important deadlines for property settlement claims. R+M Law strongly recommends at least one consultation before your divorce is finalised.

Yes, self-represented divorce applications are legally permitted in Australia. The Federal Circuit and Family Court of Australia provides resources for self-represented litigants. However, the legal process involves specific filing, service, and procedural requirements. More importantly, divorce does not automatically resolve property or parenting matters — and time limits apply to both. R+M Law offers fixed-fee divorce services at competitive rates, making professional legal assistance accessible for most clients.