divorce

There is only one ground for divorce in Australia - the irretrievable breakdown of the relationship demonstrated by 12 months of separation.  There is no consideration of whether either party was at fault.

Once you have been separated for at least 12 months you can obtain a divorce.

However, obtaining a divorce may impact on your rights to divide property and obtain maintenance. Ideally, before any application for divorce is filed at Court we can help you understand those legal ramifications.

Most significantly, you may be subject to a time limitation - meaning if you cannot come to an agreement and you need to issue proceedings at Court, you will need to do so by a certain date. This can be extremely important where all property is held in your spouse’s name.

In more complicated matters we may need to assist in the application process. You may have lived under the same roof with your spouse separation or you may have difficulty locating your spouse in order to serve the application on them.

If you have sought advice and the matter is straight forward, typically you can prepare your own application for divorce: see here for more details.

There is a common misconception that parties must divorce before they can finalise issues of property, arrangements for children and maintenance. This is not the case - you can finalise those issues before obtaining a divorce.

Other Services we provide Include:

Client testimonials

  • Michelle

    I could not have obtained the final outcome without your help and advice. You cared about me and my well-being every step of the way. Thank you for believing in me when at times I doubted myself.

  • Ivan

    Sonya is a really high calibre lawyer and a very decent person, which doesn’t always go hand in hand. She did not always agree with the route I wanted to take but we achieved a fair settlement for both parties which avoided unnecessary antagonism and litigation.

  • Erin

    It has been an enormous relief to be working with solicitors whom I have complete confidence in, not only in their ability to provide sound legal advice, but also in their capacity to understand and keep a strong focus on the people and the relationships at the heart of the matter. I have felt comfortable raising concerns and sharing personal information, knowing it would be addressed professionally and respectfully.

    Throughout this process Sonya and Madalene have been immensely compassionate. They have been understanding and respectful in dealing with the issues at hand, which for me have often been sensitive, stressful and daunting. Having my concerns heard and understood has been a great reassurance to me, particularly in an arena that might otherwise have felt disempowering and overwhelming.

    At each step along the way I was fully informed of my options, and was empowered to make choices that supported the best interests of the children. Communication has always been clear, professional and timely. Sonya and Madalene have been very understanding of my circumstances, and meeting and phone call arrangements were made to accommodate life with small children.

    I would absolutely recommend Ballinger Legal. I feel incredibly fortunate to have been so supported through this process.

  • Peter

    Sonya gave sound advice and I feel it paid off in the end. Sonya was always on hand when required and responded in a very prompt time. As I was working FIFO at the time the majority of communications were done by email and phone. Sonya was very accommodating with this and also booked in face to face meetings around my roster. Thanks again for all of your hard work and support.

  • Jodie

    It took 18 months and a lot of negotiation however I am very pleased with the outcome. Most importantly I felt supported throughout the process to behave in an ethical and mature manner. Sonya was very caring and considerate. I was very impressed with the thoroughness of the service. The preparation of legal documents was of the highest standard. I always trusted that Ballinger Legal acted in my best interests.

  • Marina

    I retained Ballinger Legal for legal advice on asset protection. I received top tier service and advice and I hope to engage your services again soon.

  • Rachel

    It was a difficult situation where the outcome depended on so many things - particularly because our son is a teenager. My sudden instructions and urgent situation resulted in Ballinger Legal outdoing themselves by attending to me so quickly despite their current workload. Sonya and the team were outstanding. I did not always hear what I wanted to hear but I always received very honest advice and assistance with utmost integrity.

meet our team

Through empathy, understanding and excellence we guide you towards the best solution, most efficiently, without compromise.

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