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Family & Divorce Law

✦ Divorce Services

Family law matters are often both legally and emotionally challenging. We provide clear, practical legal guidance to help clients navigate separation, divorce and related family law matters with confidence.

Whether you are applying for divorce for the first time or dealing with an international family law matter, we provide clear, practical legal advice tailored to your individual circumstances.

Divorce in Australia

Australia operates a no-fault divorce system under the Family Law Act 1975 (Cth). The Court does not consider who was responsible for the breakdown of the marriage. Instead, the only ground for divorce is that the marriage has broken down irretrievably, demonstrated by at least 12 months of separation.

To apply for a divorce in Australia, at least one party must also satisfy the relevant jurisdictional requirements under Australian family law.

A divorce legally ends the marriage. It does not determine property settlement, parenting arrangements, or spousal maintenance, which are dealt with separately.

Divorce in Nepal

For clients with connections to Nepal, we provide guidance on divorce matters involving Nepali law, including the legal process, applicable legal grounds, and the recognition and enforcement of foreign divorce orders.

Where a family law matter involves both Australia and Nepal, it is important to consider how legal proceedings and court orders in one country may affect legal rights and obligations in the other.

Important Time Limits: Although divorce legally ends a marriage, it does not automatically resolve financial matters between former spouses. In most cases, applications for property settlement or spousal maintenance must be commenced within 12 months after a divorce order becomes final, unless the Court grants permission to proceed out of time. Obtaining legal advice early can help ensure important rights are protected.

How We Approach Divorce Matters

Every family is different. Some divorces are straightforward, while others involve children, overseas marriages, service outside Australia, or cross-border legal issues.

We provide clear guidance on the legal requirements, prepare accurate documentation, and ensure applications are properly prepared and lodged to minimise unnecessary delays.

Where matters are straightforward and uncontested, we aim to provide efficient and cost-effective assistance. Where additional complexities arise, we provide practical legal advice tailored to your individual circumstances.

Frequently Asked Questions

Do I need to prove fault to obtain a divorce in Australia?

No. Australia has a no-fault divorce system. The Court does not consider the reasons for the breakdown of the marriage. The primary requirement is that the marriage has broken down irretrievably following at least 12 months of separation.

Can we still live in the same house and be considered separated?

Yes. It is possible to be separated while living under the same roof. However, additional evidence may be required to demonstrate that the marital relationship ended despite continuing to live together.

What if my spouse does not agree to the divorce?

In most cases, one spouse may apply for divorce without the other spouse's agreement, provided the legal requirements have been satisfied and the application has been properly served where required.

Do I have to attend court?

Many divorce applications are determined without a court appearance. However, attendance may be required in certain circumstances, particularly where there are children under 18 years of age or procedural issues that require the Court's consideration.

Does divorce determine property settlement or parenting arrangements?

No. A divorce only legally ends the marriage. Property settlement, parenting arrangements, and spousal maintenance are separate legal matters that may need to be resolved independently.

Can I remarry after my divorce?

Yes. However, you should not make wedding arrangements until your divorce order has become final under Australian law.

What if we were married overseas?

Australia recognises many overseas marriages, provided they were legally valid in the country where they took place and satisfy the requirements of Australian law. Legal advice may be appropriate where international issues arise.

Why Choose Yantra Legal?

Choosing a lawyer is about more than legal knowledge. You want someone who will listen, understand your situation, and guide you with honesty and care. That's how we work at Yantra Legal.

Lived Migration Experience

Having lived in Nepal, Germany and Australia, we understand what it feels like to build a new life in a different country. We know that migration matters often involve family, work, uncertainty and important life decisions—not just paperwork.

Direct Access to Your Solicitor

When you choose Yantra Legal, you work directly with our solicitor, Krishna Giri from your first consultation until your matter is finalised. Your case is not passed between different staff members, so you always know who is handling your matter.

Clear & Honest Advice

Legal advice should be clear, not confusing. We explain your options in plain English and, where helpful, in Nepali or Hindi, so you can make informed decisions with confidence.

Truly Personalised Representation

No two legal matters are the same. We take the time to understand your circumstances, your goals and what matters most to you. Our advice is tailored to your situation rather than following a one-size-fits-all approach.

Fixed-Fee Transparency

We believe you should know what to expect before you proceed. We offer fixed-fee initial consultations and provide clear information about legal costs, so there are no unexpected surprises.

Choosing a lawyer is about more than legal knowledge. You want someone who will listen, understand your situation, and guide you with honesty and care. That's how we work at Yantra Legal.

Lived ExperienceDirect Solicitor AccessClear & Honest AdvicePersonalised RepresentationFixed-Fee Transparency

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Move Forward with Confidence and Clarity

Ending a marriage is never easy, but understanding your legal rights can make the process more manageable. Whether you are applying for divorce in Australia or dealing with cross-border family law issues involving Nepal, we provide practical legal advice to help you understand your options and move forward with confidence.