Divorce is the formal termination of a marriage.
A divorce application is separate and distinct from other applications made in the Family Court, including property settlement or child related applications (although these applications may be made together).
In 1975, Australian Law introduced the principle of no-fault divorce. This means that in any divorce application, the Court does not consider the reasons why the marriage has ended. The only necessary ground for a divorce is that the marriage has irretrievably broken down.
To apply for a divorce, you must satisfy a number of factors. These factors include that you and your spouse have lived separately and apart (although you may still be living under the same roof) for at least 12 months. You must also show that either party to the marriage, or both parties to the marriage:
- regard Australia as your home and intend to live in Australia indefinitely.
- are an Australian citizen by birth, descent or grant of Australian citizenship.
- ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.
If there are children under 18 years of age, the court will also need to be satisfied that proper arrangements have been made for them.
When you file your divorce application, you will be given a court hearing date. Whether you will need to attend Court or not, will depend on your circumstances and particularly whether you have children under the age of 18 years.
Once your divorce order is final, you have 12 months to commence property settlement proceedings or spousal maintenance proceedings.
Please contact us to receive information and advice concerning your divorce.