If you’re experiencing relationship breakdowns and looking to apply for a separation, our family lawyers at Rockwell Family Law are here to help.

We’re here to assist you through the entire process and provide the support you need.

At Rockwell Family Law, we understand that going through a separation or relationship breakdown can be an incredibly difficult and emotional time. Our team of expert family lawyers is here to provide the support and guidance you need to navigate through this challenging period.With our extensive knowledge and experience in family law, we can assist you in understanding your rights and entitlements throughout the separation process. From filing the necessary paperwork to negotiating fair settlements, our lawyers will ensure your best interests are always represented.

The Difference: Separation vs. Divorce

Separation represents the beginning of a transition – a moment when couples decide to live separate lives while still being legally married. It offers an opportunity for parties to explore individual perspectives, choices, and possibilities.

On the other hand, divorce marks the end of a marriage, legally dissolving the union. At this stage, couples conclude their legal obligations to each other, enabling them to pursue independent and fulfilling lives.

Whether it’s separation or divorce, our compassionate team is committed to supporting you through the complexities, ensuring your rights and best interests are protected.

The process for a separation or divorce.

The separation or divorce process in Australia consists of three main parts: property settlement, child custody and parenting agreements and the divorce itself (If you were married).

  1. Property Settlements.

    Our highly experienced divorce lawyers at Rockwell Family Law are available to guide you through the four key steps involved in a property settlement.

    The first step is to identify the assets of both parties to ensure that the agreement reached is as comprehensive and fair as possible. It is important to disclose assets, including properties, cars, superannuation or shares, and any liabilities, like credit card debt or mortgages. It may also be necessary to divulge information on spending habits and bank balances to get a clear picture of both parties’ financial situations.

    Secondly, our lawyers will help you assess the contributions made by each party, whether before, during, or after the relationship. Not only do we consider financial contributions, but we also note non-financial factors such as domestic labour and child-rearing.

    From there, the court may make adjustments to the settlement to determine the future needs of each party, based on factors including employment status, income, age, health, superannuation, and dependents.

    The final step of the process is to decide whether the court’s decision is reasonable and equitable. As it is rare for both parties to receive an equal share from the settlement, there is the chance of resentment over the final verdict. If there are objections to the decision, lawyers can solicit a mediator to help resolve any tension and reach an agreement.

  2. Child Custody & Parenting Agreements.

    Given that parenting after a separation can involve many challenges, our team at Rockwell Family Law is committed to ensuring that the process of reaching an agreement is as smooth as possible. A parenting agreement outlines the details of care arrangements for children and can be either written or verbal. It is not only the parents who are responsible for creating the terms, as children and other family members are also encouraged to contribute. Above all, the main priority is to ensure that the child’s best interests are taken into consideration.

    If an agreement cannot be reached, then a consent or parenting order put forward by the Family Court of Australia may be necessary. However, a family dispute resolution practitioner can help to avoid going through the court process by resolving disagreements over custody. On top of that, guidance can be provided if one parent wants custody or the sole parental responsibility.

  3. The Divorce Itself.

    The final step in the separation process (if you were married) is to apply for a divorce order, whether it be a separate or joint application. Before you make an application to the Court or Registrar to terminate your marriage, you must ensure that you meet the requirements for obtaining a divorce order. Not only must you be able to prove that the marriage has “broken down irretrievably”, but you are required to submit evidence that your separation occurred at least a year ago.

    If you share children with your former spouse, then there are some additional steps to the process. Formal arrangements regarding the care of the children must have been made before a court will grant a divorce in order to protect their safety. On top of that, if you have children under the age of 18, then an appearance at the divorce hearing is mandatory unless you have made a joint application.

We’re here to help. Talk with us today.

Call our office on 1800 450 000 or get in touch for a free chat.

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Working with Rockwell Family Law

Our role extends beyond legal expertise. We are committed to listening to your concerns, offering compassionate guidance, and working towards the best possible outcome for you and your family. We understand the importance of resolving disputes amicably, especially when there are children involved.

By choosing Rockwell Family Law, you can trust that you have a dedicated team by your side, ready to provide sound advice, negotiate on your behalf, try to settle out of court, however if needed, represent you in court. Our approachable and human touch ensures that you feel supported every step of the way.

Areas of Expertise

At Rockwell Family Law, we understand the emotional rollercoaster you may be experiencing. Our experienced separation lawyers have the knowledge and expertise to help with all phases of the separation.

  • Property Settlements
  • Children’s Matters
  • Divorce
  • De facto Relationships
  • Same Sex Relationships
  • Binding Financial Agreements
  • Spousal Maintenance
  • Child Support Enforcement

Our Family Law Approach

Responsive and proactive

We run 24/7, and we will leave no stone unturned in finding a solution for you.

Settle out of court

We offer a mediation first approach and where possible, try to settle before court becomes a requirement.

Exceptional results

Get the right outcomes for your life setup and structure.

Human2Human Approach

We know that matters we advise on are usually a human problem as much as a legal issue.

Dignified solutions

We understand the sensitive issues that come with Family Matters, Estate Planning, and more.

What Our Clients Have To Say

Results focused outcomes so you can move on.

Allyson Gagliardi handled my family law matter and could not recommend her enough. She was highly professional, compassionate and efficient. Even though everything was done online and via phone- the process was seamless. Thank you so much again Allyson and the whole team.

Mitch T

It was such a blessing to have found Rockwell Family Law. The proactive approach made me feel confident that my case would be handled with care. They were always available for questions and gave me straightforward advice that could understand. Thank you.

Michael Jones

My sincere thanks to Allyson and the Rockwell Family Law team. Thank you for the timely and tailored advice each time that put my mind and stress at ease.

RFL Client

Divorce Law FAQs

  1. Applying for a divorce? Here's what you need to know.

    In Australia, you can apply for a divorce only after you have been separated from your partner for over at least one year. Since the 1976 Family Law Act established the ‘no-fault divorce’ system, there is no need to prove that the divorce or breakdown of a marriage was due to the fault of a certain party.

    Therefore, the only requirement to apply for a divorce is to prove that the marriage has ‘broken down irretrievably’ meaning the marriage cannot be salvaged or mended – i.e. through marriage and couples counselling etc.

    However, as mentioned before, divorce settlements require evidence that both individuals have been separated for at least one year.

    If you’re only looking to settle disputes and arrangements regarding shared children under 18 years of age with your spouse, then this can be dealt with immediately and does not require waiting a certain time period. See our Child & Parenting Arrangements page for more.

    Likewise, if you’re only looking to settle asset or property issues or disputes, these too can also be dealt with immediately and do not require waiting a certain time period. See Private Client page for more.

    If your spouse does not agree to the divorce, it may still be possible for the court to continue with your divorce application without the other spouse present, given that you can prove separation for over one year as well as necessary arrangements have been made in relation to any shared children.

    After your final divorce hearing, the outcome or order by the judge does not take full effect until 4 weeks after the order has been given.

  2. Divorce Fees and Costs

    If you’re looking to apply for a divorce but concerned about the costs and fees, we’re here to support you financially until you get the settlement or outcome you’re after.

    At Rockwell Family Law, we have been able to secure an innovative funding solution to allow you to access your legal or equitable interests in your matrimonial home, to fund our ongoing fees and ensure you get the best legal representation for your divorce and family law matter.

    Under our solution in most cases, you only pay a low interest rate on the money that you actually use to pay our fees, it is limited recourse back to your interests in your matrimonial house, and you only make repayments when you get the money from the sale of your matrimonial house or upon a lump sum payment from your spouse.

    This is general information only and is not to be relied upon. Any costs, fees and security requirements will be clearly outlined in the loan documentation which is provided by our finance partner and may differ from the above.

  3. What is the difference between an annulment and a divorce?

    An annulment dissolves a marriage as if the marriage had never taken place. If one or both parties believe there was something legally invalid about the marriage, it can be annulled. A divorce takes place when both parties agree there was a marriage, which will be ended.

  4. Do I need a divorce lawyer to apply for divorce?

    You don’t need a divorce lawyer to apply for a divorce. You can make a joint application, and if both parties are amicable and the welfare of any children is taken care of, you don’t need to engage with a lawyer. If there are complications or disagreements, we highly recommend engaging the services of an expert in Family Law.

  5. Is divorce family law?

    Yes, divorce falls under family law. A divorce application can either be a sole or joint application, keeping in mind that the division of assets and care arrangements for children are handled separately. We can assist you with your divorce and asset related legal matters, contact us today.

  6. Who gets the house in Australian law if you divorce?

    There is no straightforward answer, as each party may be entitled to the family home, so it’s essential to consult a legal professional to fully understand your rights. Ideally, an amicable decision is reached, but when this isn’t possible, before filing an order for family law financial proceedings regarding property, the Court will want to see that an attempt at Family Dispute Resolution has been made, as mediation may help resolve the issue. Have more questions? Contact us, we’re here to help!

  7. Can a marriage be annulled in Australia?


    It depends on the circumstances. The Court can consider nullity and possibly declare the marriage as invalid in certain circumstances. For more questions on marriage annulment, get in contact today.


We’re here to help. Talk with us today.

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