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.
Need help right now?
Our AI advisor can help you navigate contested divorce in Australia.
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.
Understand My Situation →Was this helpful? Help us keep it free.
divorce911.ai is funded entirely by donations. Every dollar keeps the AI assistant and 1,700+ guides free for people in crisis.
Know someone going through a divorce? This could help them.
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.