A divorce is the legal termination of a marriage. In Australia, there is a ‘no fault’ system. This means that the Court does not consider evidence as to why a marriage has ended.

Some couples who separate may not feel the need to get divorced. However, remaining legally married to your former spouse can have consequences later, even if you have re-partnered.

Estate Planning

If you do not amend your will post‑separation to exclude your former spouse and you remain legally married, your estate may still pass to your former spouse in accordance with the terms of your last valid will. Any new will that you make post-separation but prior to divorce should be made in contemplation of your divorce as to not revoke your will once that divorce is finalised.

If you pass away without a valid will in place and you remain legally married, the laws of intestacy will apply. This means your estate may be distributed between your former spouse and any children you have. If you do not have children, your former spouse may be entitled to your estate in full.

Superannuation

If you have made a binding death benefit nomination with your superannuation fund, you will need to make a new nomination.

As noted above, if you were to pass away, your former spouse may be entitled to receive your superannuation entitlements as a nominated beneficiary.

You can change your nominated beneficiary by contacting your superannuation fund and completing the required paperwork.

Marriage

You cannot re‑marry until you are legally divorced from your former spouse.

It can take several months for a divorce application to be prepared, served (if required), and heard in the Federal Circuit and Family Court of Australia (“the Court”).

Importantly, a divorce is not finalised until one month and one day after it is granted by the Court.

I want to get a divorce, but I need help!

The Family & Relationship Law team at Dobson Mitchell Allport offers a fixed‑fee divorce service, giving you certainty and peace of mind when it comes to divorce‑related legal fees.

Our fixed‑fee divorce service includes:

• An initial consultation
• Preparation of your Application for Divorce
• Meeting with you to sign the documents
• Serving your spouse or their solicitor (if a process server is not required)
• Filing your Application with the Court
• Attendance at the Court hearing and reporting the outcome to you
• If your divorce is granted, emailing or posting a copy of your Divorce Order to you

If this is something you are navigating, our experienced team of Family Lawyers can help. To find out more, contact our team at .

Our services are complemented by our experienced team of Wills & Estates Lawyers.