After filing, you can expect the process to take approximately 3–4 months from application to the Divorce Order becoming final. This includes the court listing the hearing (usually 6–8 weeks after filing), the hearing, and the mandatory one-month-and-one-day waiting period. Total time from separation to a final Divorce Order is therefore at least 13–14 months. Delays can occur if documents contain errors or service is complicated.

The court filing fee is currently around $1,060 (reduced fees apply for certain concession card holders). Legal fees for a straightforward, uncontested divorce at Kazi & Associates are typically a few thousand dollars. More complex matters — particularly those involving contested service or children — will cost more. We provide clear, upfront cost estimates so there are no surprises.

You can apply for divorce without a lawyer. However, even for seemingly simple matters, a solicitor can review your application before filing, prevent costly errors, and advise on the property and parenting issues that run alongside the divorce. For complex matters — overseas marriages, separation under one roof, assets to be divided, or children involved — legal advice is strongly recommended. A small investment in professional advice can prevent expensive mistakes.

No. Australia’s no-fault divorce system means your spouse cannot prevent a divorce from proceeding. The only legal requirement is 12 months of separation. If your spouse refuses to engage or cannot be located, our divorce lawyers can advise on alternative methods of service and how to proceed as a sole applicant.

You can be legally separated while still living in the same home as your spouse. The court needs evidence that the relationship genuinely ended — typically via a statutory declaration and corroborating evidence such as separate finances, different sleeping arrangements, or a statement from a friend or family member. We advise clients on exactly what evidence is required and how to present it effectively.

Yes — and this is often advisable. Property settlement can commence as soon as you separate, and many couples finalise financial arrangements before the divorce is formalised. Remember: once your Divorce Order is final, you have only 12 months to commence court proceedings for property settlement. Early advice from our property settlement lawyers is highly recommended.

The family home is treated as part of the overall property pool. Whether one party retains it (by buying out the other’s interest) or it is sold and proceeds are divided depends on the full picture: contributions, future needs, and what is just and equitable. Our team advises on all options and their practical and financial implications.

Yes. Superannuation is treated as property under Australian family law and can be split as part of a property settlement via a formal superannuation splitting order. It is one of the most valuable assets in many relationships — particularly in longer marriages — and should never be overlooked when negotiating your settlement.

Yes. You can divorce in Australia regardless of where you were married, as long as you or your spouse meet the residency or citizenship requirements. You will need a certified copy of your overseas marriage certificate with a certified English translation if it is not in English. Our team regularly assists clients married in South Asia, East Asia, the Middle East, and Europe.

Yes. Our team provides divorce legal services in English, Bengali, Hindi, Japanese, and Urdu. We encourage clients who prefer to communicate in another language to let us know when booking — we will match you with the right team member. Understanding your rights in your own language makes a real difference.