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Either party to a marriage may file for divorce without the consent of the other.
To obtain a divorce you must prove that your marriage has irretrievably broken down and that you have been separated for a continuous period of 12 months and one day before making a divorce application. Although, it is important to note that legal 'separation' can occur while you are both living under the one roof. Also, you can reunite for up to three months in an attempt to reconcile without jeopardising a prior period of separation.
If you have been married for less than two years you can only obtain a divorce where you have attended a counseling session or where there are special circumstances.
When you apply for a divorce you must be able to show that there have been satisfactory arrangements made for children under 18 years old, however, this does not mean that you need to have finalised the arrangments for your children.
You can apply for a divorce together or by way of a sole application.
You cannot lodge a divorce application unless you or your partner are an Australian citizen, permanent resident or have been living in Australia for not less than 12 months before lodging the divorced application. A divorce application can only be filed with the Federal Magistrates Court of Australia and the current filing fee as at 1st December 2009 is $432.
Once a divorce order has been finalised the parties have only 12 months to finalise their property arrangments without having to apply to the court for leave to apply.
It is best to retain the services of a lawyer to deal with your application.
Click here to access our Frequently Asked Questions regarding Divorce.
Click here to access our Family Law Fact Sheets.
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