I just want a divorce - what do I do?

The short answer is to visit www.fmc.gov.au/forms/html/divorce.htlm.  However, this ‘blog will provide something of a context for Divorce Applications and their repercussions.

The first question we would ask is, do you really want to finalise your relationship?  Usually, this will lead to property settlement and sometimes parenting orders (if these matters have not been settled already) at some expense and distress for both spouses.  Relationship Counselling deserves serious consideration.  Commonwealth Government “Family Relationship Centres” are sometimes able to provide such counselling for free.

Our next question would be, do you really want a Divorce instead of a property settlement?  A Divorce is not required to arrange binding Orders or a binding Agreement distributing your property with your spouse, or for Parenting Orders.  These only require separation.

Your next question may be, if I don’t need a Divorce to settle parenting and property matters, why would I want a Divorce?  A Divorce will allow you to remarry.  A Divorce can mean your former spouse is no longer your next of kin, which may affect how your estate is distributed when you die.  A Divorce will mean that, if neither you nor your spouse has sought Property Orders or spousal maintenance within a year after the date of the Divorce, you will require special leave of the Court for an Application to be made.