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Divorce & Separation Lawyers

The end of a marriage can be stressful, emotional and traumatic. At Culshaw Bishop Lawyers, our family lawyers are experienced in assisting spouses navigate the divorce process. If you need a separation and divorce lawyer in Adelaide, get in touch today to see how we can help.

What is divorce?

Divorce is the formal legal ending of a marriage. It is often (but not always) facilitated by a divorce solicitor.

Separation vs divorce

The difference between a separation and a divorce is that a separation leaves the marriage formally intact, whereas a divorce dissolves it. To apply for a divorce in Australia, you must have been separated for at least 12 months, so you might find yourself searching for a ‘separation lawyer’ for some advice before committing to apply for divorce. The divorce lawyers at Culshaw Bishop Lawyers are well equipped to help with both separation and divorce.

Requirements for a divorce (SA)

There are several requirements for a divorce application to be made:

  • Connection to Australia – whether you are present in Australia, ordinarily a resident of Australia, or an Australian citizen
  • Reasonable likelihood of the parties reconciling
  • Meeting the threshold of separation (12 months and 1 day)
  • Possessing a Mmarriage certificate
  • If you have been married for less than 12 months, you will not be eligible to make an Application for Divorce until you have reached 2 years of marriage (or had specific counselling)

 The divorce lawyers at Culshaw Bishop can provide legal advice as to the above SA requirements for divorce.

How to apply for divorce

Once you have met the requirements for divorce, and you have the relevant documentation, you can apply for a divorce though the Commonwealth Courts Portal. You can apply for a divorce by way of a sole application, or jointly with your spouse.

If you file a sole application you will need to serve your spouse with the application, which will have a date for the divorce hearing. If your spouse disagrees with the contents of the sole Application for Divorce, he or she is at liberty to file a Response to Divorce outlining those sections that are disagreed.

In the event that you and your spouse file a joint Application for Divorce, you will both sign the Application prior to filing the same via the Commonwealth Courts Portal. As the completion of the Application is a joint process and facts are agreed, there is no requirement for service in such circumstances.

Divorce & property settlements

When entering into the divorce process, there are many factors to consider regarding financial and non-financial aspects of the marriage. Property settlement is a lengthy and stressful part of the divorce process due to the many influences that can alter the settlement. At Culshaw Bishop Lawyers, our divorce attorneys are dedicated to ensuring you are well informed on all aspects that make up the divorce process. This includes spousal maintenance and parenting disputes where applicable.

Get in touch with our divorce & seperation lawyers


Culshaw Bishop Lawyers

  • 08 8464 0033
  • 49 Hindmarsh Square, Adelaide, South Australia 5000


Culshaw Miller Lawyers

  • 08 9488 1300
  • Level 8, 233 Adelaide Terrace, Perth, Western Australia 6000


Culshaw Miller Badenoch Lawyers

  • 03 9999 1588
  • Ground Floor, 501 Little Collins Street, Melbourne, Victoria 3000