In Australia, there is no need to provide reasons for Divorce. All that is required is that the marriage has broken down irretrievably. If you have been separated for more than 12 months the court accepts that the marriage has broken down irretrievably and will usually grant a Divorce.
Separation may include being separated whilst still living under the same roof as your spouse.
What do I need to apply for a Divorce?
You will need your marriage certificate, identification, and proof of citizenship (if you were not born in Australia). A Divorce Application must be completed and lodged with the court.
What about the children?
The court needs to be satisfied that proper arrangements have been made for your children before a Divorce will be granted. Your lawyer will be able to tell you whether the court will have any concerns in this regard.
What about property?
You may be able to reach agreement with your former spouse without having to go to Court. However, bear in mind that if you are not able to reach agreement, a formal application to the court for property settlement orders must be lodged within 12 months of your divorce becoming final. If you have overlooked this time frame you should consult a family law specialist urgently.
How long does it take?
A Divorce will usually be heard by the court within 3 months of the Application being lodged with the court. The hearing will be very short and you may not need to attend court. The Divorce order becomes final in one month and one day following the date of the hearing.
Contact us to arrange a consultation with a specialist family lawyer.
