A divorce is the legal end of a marriage. Based on the most recent figures, it is estimated that almost 50% of marriages in Australia end in divorce.
In Australia, divorce is granted on a no-fault basis, and you do not need the consent of your spouse to apply. You only need to show that your marriage has irretrievably broken down and that you have been separated for at least 12 months, including any periods when you were separated but still living under the same roof.
It is important to know that divorce is a separate process from property, maintenance, and parenting matters. You can finalise your property and parenting issues before you are legally divorced.
To apply for a divorce, you need to file either a joint or sole Application for Divorce, which will then be listed for a hearing before the Federal Circuit and Family Court of Australia. Before granting the divorce, the Court must be satisfied that it has jurisdiction, that a valid marriage existed, that the application has been properly served, and that there has been a separation.
You can learn more about divorce by reading the factsheets on the
FCFCOA site or by
contacting us to speak with an experienced divorce lawyer.
Wait 12 months from the date of separation before applying for divorce.
You may apply solely or jointly for divorce by lodging your application on the Commonwealth Court Portal.
Serve your application for divorce on the other party at least 28 days before the hearing.
If the Court is satisfied that you have met all of the requirements your divorce will be granted.
Divorce becomes final one month and one day from the date the Order is made.
A divorce is the legal recognition of the dissolution of a marriage. After you have been separated for at least 12 months you can file for divorce. It is possible to obtain a divorce even if you and your spouse lived in the same home during a part or all of the 12-month separation period.
You can NOT apply to the Court for a divorce unless you have been separated for at least 12 months before the application is filed. However, you CAN start negotiations about property (and children) as soon as the marriage has broken down. Many matters are resolved before the divorce application is filed.
We offer a free 30-minute telephone consultation to new clients. This gives clients the opportunity to obtain some legal advice and information about legal costs before deciding to proceed. There is no obligation on the client to proceed after receiving the free advice.
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