Getting divorced means legally ending a marriage.
In Australia, people are able to obtain a divorce without having to provide an explanation or prove that it was one person’s fault. The only requirement is that there has been an irretrievable breakdown of the marriage; meaning that there is no likelihood you and your spouse will get back together.
You can apply for a divorce after you and your spouse have been separated for 12 months and have been married for more than 2 years.
If you have been married for less than 2 years, you and your spouse must attend family counselling and obtain a certificate prior to making an application for divorce.
To apply for a divorce, either you or your spouse must:
To apply for a divorce, you will need a copy of your marriage certificate. If you were born outside of Australia, you will also need to provide a copy of your citizenship certificate or passport.
You can apply for a divorce jointly or on your own. If you make a joint application for divorce, both you and your spouse are considered the applicants and there is no need for you to attend Court.
If you make a sole application for divorce and have children under the age of 18 years, Court attendance is required. Given the difficulties posed by COVID-19, divorce hearings are currently proceeding by telephone.
Once a divorce is granted, it will become final one month and one day after the day on which the order was made.
It is important to remember that obtaining a divorce order does not resolve parenting or property arrangements. In relation to property, any application for a property settlement must be filed with the Court within 12 months of the date of the divorce order.
At NLS Law, we can help you resolve your parenting and property matters and obtain a divorce order so that you are able to move on with your life sooner rather than later.
Jessica Fordham, Associate Solicitor, NLS Law