Contested Divorce in Australia: What to Expect
A contested divorce occurs when spouses can't agree on key issues — property, custody, support. It's more expensive and time-consuming, but sometimes necessary. Here's what the process looks like in Australia.
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Talk to AI AdvisorWhat Makes a Divorce Contested
- ✓Disagreement on property or debt division
- ✓Disputes over child custody or parenting time
- ✓Disagreement on spousal support amount or duration
- ✓Disputes over child support
- ✓One spouse refuses to agree to the divorce
- ✓Allegations of fault or misconduct
The Contested Process
- ✓File petition and serve the other spouse
- ✓Both sides file financial disclosures
- ✓Discovery phase: requests for documents, depositions, interrogatories
- ✓Court may order mediation or settlement conferences
- ✓Pre-trial hearings and negotiations
- ✓Trial: judge hears evidence and makes decisions
- ✓Can take 1–3+ years and cost significantly more than uncontested
How to Reduce Conflict
- ✓Try mediation before committing to full litigation
- ✓Focus on interests, not positions — what matters most to you?
- ✓Keep children completely out of the conflict
- ✓Hire an experienced family law attorney
- ✓Be realistic about what a court would likely decide
- ✓Consider the emotional and financial cost of fighting vs. settling
- ✓Collaborative divorce may be an alternative to traditional litigation
Every situation is different
Facing a contested divorce in Australia? Our AI advisor can help you understand the process and your options.
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Legal Disclaimer: This article covers Australia divorce law for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a qualified family law attorney or solicitor in Australia for advice specific to your situation.