Divorce and Separation
In order to obtain a divorce the Court must be satisfied that your marriage has broken down irretrievably for a period of 12 months, and that there is no likelihood of separation.
It is possible to still be living together under the one roof and be separated. However in these circumstances, you will be required to file additional material with any Court application to satisfy the Court that you remained separated during this time.
An application for a divorce is filed in the Federal Circuit Court together with a copy of a Marriage Certificate and a Court filing fee.
An application can be made by one party, or by both parties jointly.
To make an application parties must satisfy the following jurisdictional requirements:
- You must regard Australia as your home and intend to live in Australia indefinitely; or
- You must be an Australian citizen by birth, descent or by grant of Australia citizenship; or
- You must ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.
In the event that the Divorce is granted by the Court, then it will become final one month and one day after the hearing. A Divorce Order will be sent to you by the Court. Upon receipt of this document, parties can thereafter remarry.
You are able to obtain Court orders, or reach agreement, in relation to both parenting matters and a property settlement, even though you are not yet divorced.
Our team can assist you during the divorce process by providing advice on your divorce application; representing you at your divorce hearing (should this be required) and assisting you to finalise any other aspects of your separation, including negotiating parenting arrangements and/or a property settlement.
It is important to note that following a divorce, parties have 12 months to issue Court proceedings with respect to property matters (or 2 years in the case of defacto or same sex relationships). It is possible to issue proceedings in the Court out of time, in the event that certain conditions are met. Our team can advise you further in relation to making an application out of time should this be necessary.