Deciding to divorce is rarely easy, and once the decision is made, the next question is almost always the same: where do I even begin? Here’s a straightforward answer.

Step 1: An Initial Consultation

The process typically begins with a consultation with a family/divorce law attorney. This is where you’ll talk through your circumstances — your marriage, your children (if any), your finances, and what you’d like the outcome to look like. There’s no obligation at this stage; it’s simply about understanding your situation and your options.

Step 2: Establishing Whether It Will Be Contested or Uncontested

If you and your spouse agree on the key issues — division of assets, maintenance, and care of children — the divorce can usually proceed as uncontested, which is faster and less costly. If there are disagreements, the matter may become contested, which involves more steps and, often, more time.

Step 3: Drafting and Issuing Summons

Your attorney will draft a summons (or, where both parties agree, a joint Deed of Settlement) and formally issue it at the relevant Regional Court or High Court. Your spouse must then be served with the papers.

Step 4: Settlement and Finalisation

Where an agreement is reached, a Deed of Settlement is signed and made an order of court. If the matter is contested, it will proceed through further legal steps, potentially including mediation or a court hearing, before finalisation.

Every situation is different, and the right first step depends on your specific circumstances. If you’re not sure where you stand, a conversation with an experienced family law attorney is the best place to start.

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