DIVORCE

If you have separated from your husband or wife then you may want to consider applying for divorce. Divorce is the legal termination of your marriage.

If you are married, then you will need to get a divorce before you can marry another person.

In Australia, divorce is based on a no fault system meaning that you merely need to demonstrate to the Family Court that your marriage has broken down and there is no chance of reconciliation.

You can apply for a joint divorce (where both parties agree and sign the application) or for a sole divorce (where just one party signs).

To apply for a divorce, you must have been married for at least two years, have been separated for at least 12 months, and believe that there is no real chance that you will get back together.

If you have been married for less than two years and wish to proceed with a divorce, then you will first need to attend marriage counselling and make a genuine attempt to reconcile with your spouse. If marriage counselling does not resolve the issues then you will be provided with a certificate of counselling so that you can lodge your divorce application.

It is common that when parties separate there is a period of time where they continue to live together, this is known as ‘separated under one roof’. Being separated under one roof still counts towards the 12 months separation period as long as you can demonstrate and provide evidence to the Family Court that you were actually separated during that time.

You can get divorced in Australia even if you were married in another Country. However, there may be additional documents and evidence that you have to provide to the Family Court.

The requirements and process for a joint or sole divorce are slightly different. There may be additional requirements depending on the individual circumstances of the case, particularly if your husband or wife does not cooperate with the process or you do not know where they are.
We can provide legal advice and assist with these requirements to ensure that your application for divorce can progress as swiftly as possible.

Most people believe that divorce is the ending of the marriage and dividing of any assets or liabilities. However, the divorce is a separate process to the division of any assets and liabilities. If there are any assets or liabilities of the marriage such as any properties, personal belongings, savings, or superannuation then you should consider a financial/property settlement. Please see our financial/property settlement page for further information.