Divorce
A divorce is the legal end of a marriage. Based on most recent figures, it is estimated
that almost 50% of marriages in Australia end in divorce.
In Australia, a divorce is granted on a no-fault basis and you do not need the consent of your spouse to apply for divorce. You only need to show that your marriage has irretrievably broken down and you have been separated for at least 12 months, including periods when you are separated but still living under the same roof.
It is important to know that divorce is an entirely separate process from property, maintenance and parenting and you are able to finalize 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 hearing before the Federal Circuit and Family Court of Australia. Before granting the Divorce, the Court will need to be satisfied that they have jurisdiction, there was a marriage, the application has been properly served and there has been a separation.
You can learn more about Divorce by reading the factsheets on the FCFCOA site, or by contacting us and speaking to an experienced divorce Solicitor.
SEPARATION
Wait 12 months from the date of separation before applying for Divorce
APPLICATION
You may apply solely or jointly for Divorce by lodging your Application on the Commonwealth Court Portal
SERVICE
Serve your Application for Divorce on the other party at least 28 days before the hearing
HEARING
If the Court is satisfied that you have met all of the requirements your Divorce will be granted
DIVORCE
Divorce becomes final in one month and one day from date Order made