Getting a Divorce?
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Divorce
What is a divorce and how to get a divorce?​​
A divorce is the legal ending of a marriage. Once you are divorced, you may remarry. In Australia, there is a 'no fault' divorce, meaning that you do not need to show that one party is at fault. The Court does not consider the reasons that the marriage has ended or dissolved. Neither party needs to prove that the marriage has broken down due to the actions or inactions of a party. The only ground for a divorce is that the marriage has broken down and there is no reasonable chance that the parties will get back together.
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Although obtaining a divorce ends your marriage, it does not deal with issues such as parenting and children arrangements, financial and property settlement and support. When a divorce order is made, there is a time limit to initiate property and financial proceedings that result from the relationship breakdown. This time limit is 12 months from the date the divorce order comes into effect.
​​​In Australia, divorce is dealt with under Part VI of the Family Law Act 1975. The power to deal with divorce is given to the Federal Circuit and Family Court of Australia.
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An application for a divorce in Australia can be applied if:
- You or your spouse regard Australia as your home and have an intention to live in Australia indefinitely.
- You or your spouse ordinarily live in Australia and have lived in Australia for 12 months before applying for a divorce.
- You satisfy the Court that you have been separated for at least 12 months and that there is no reasonable likelihood of getting back together as a married couple. You can be separated and living under the same roof.
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For marriages overseas, if your marriage is recognised in Australia according to Part VA of the Marriage Act 1961, a copy of your marriage certificate must be provided to the Court. If your marriage certificate is not in English, a translated copy in English from a certified translator must be provided as well as an affidavit translation of marriage certificate.
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If you have any children under the age of 18 years, a divorce will only be granted if proper arrangements have been made for that child or those children.
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Once a divorce application has been filed, a hearing will be set down and if the divorce is granted, your divorce order takes effect one month and one day after the divorce hearing. This will then allow both parties to re marry.
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If you wish to file a divorce application or have any questions relating to a divorce, property/financial settlement, and parenting arrangements, speak with one of our divorce lawyers today.
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