The only requirement for a divorce is the 'irretrievable breakdown' of the marriage. This is proved by the husband and wife having been separated for 12 months with no likelihood of getting back together. The court does not consider whose fault it was that the marriage broke down.
To apply for a divorce, you must complete an Application for Divorce and file it with the Court and pay the application fee. You may be eligible to a reduced fee.
If you apply for a divorce together with your spouse, it is a joint application and you and your spouse are joint applicants.
If you apply for a divorce by yourself, you are a sole applicant and your spouse is the respondent.
Marriages of less than two years duration.
If a marriage has lasted for less than two years, the parties must attend counselling to expolre the prospects of reconcialiation. A documet known as the Counselling certificate for applicants married less than 2 years . section 44(1B) (a) of the Family Law Act.
You may prepare your own divorce application by downloading the Divorce Kit Family Court Of Australia or use the services of our family lawyers.
We offer a fixed-fee divorce that will provide you with the security of knowing exactly what your divorce will cost. It's simple: answer a few questions and our lawyers will provide you with a tailored quote and run down of the procedures.
Our lawyers' expertise and experience means you will not be compromising on service or standards. The fixed fee provides you with the security of knowing exactly what your divorce will cost.
Whichever law firm is assigned to your case, you can be assured that you will receive all the professional and emotional support that you need at this particular time.
Our Divorce Lawyers can assist in the following ways:
What if we get back together for a short time?
Can we live separately ‘under the one roof’?
Are short marriages treated differently?
Do I have to get a divorce?
How much does it cost?
What happens at court?
When can I remarry?
Children and Property
You must have been separated for at least 12 months before you can apply for a divorce.
You can get back together for up to three months without re-starting the 12-month separation period. For example, if you are separated for four months, get back together for almost three months and then separate again for eight months, this will be considered a total of 12 months' separation. However, if you were back together for four months only the most recent eight months would count as separation.
Yes. You may be able to get a divorce if you live in the same house after separation but lead separate lives.
The things the court will look at in deciding whether you separated ‘under the one roof’ are whether:
If this applies to you and you want a divorce, get legal advice.
If you have been married for less than two years you can only get a divorce if you and your spouse go to a counselling session, or if there are special circumstances. If your spouse refuses to participate, you can still get a divorce. Get legal advice.
No, but you cannot remarry unless you get a divorce. Staying married affects your rights and obligations in relation to financial matters, Wills and estates. Get legal advice.
There is a court fee for filing a divorce application. You have to pay the fee unless you are on a pension or benefit, or have a Health Care Card. You can apply to not pay the fee if paying will cause financial hardship. Check the current filing fee with the court.
The court order for divorce is granted in two steps.
In exceptional cases the court can order a shorter waiting period between the two steps.
A copy of the divorce order is sent to you by post. You should keep it in a safe place as it is your proof of divorce.
You cannot remarry until your divorce order becomes final. Be careful not to set your wedding date too close to the expected date of your divorce order becoming final. If there is a delay, you will not be able to go ahead with your wedding until the problem is sorted out and the divorce is granted.
A divorce does not sort out issues relating to children or property. These arrangements must be made separately. However, when hearing your application, the court must be satisfied that proper arrangements have been made for the care and welfare of your children. The court will want to know where children are living and how they are financially supported, as well as information about their health and education and how much time they spend with each parent.
The court can reject a divorce application if it is not satisfied that proper arrangements have been made for the children.
Property settlement is the most complicated part of the divorce process. You can apply for property settlement orders any time after your separation but it must be done within 12 months since the date of your formal divorce
Divorce does not automatically cancel a will. If you want to change your will when you divorce, you will have to make a new