In Australia, there is no need to provide any reasons for divorce other than that the relationship has broken down irretrievably. If you’ve been separated for more than 12 months the court takes this as evidence of the fact, and even if you still live under the same roof you can still obtain a divorce provided you swear to the separation in your divorce application.What do I need to apply?
You will need your marriage certificate, identification, and proof of citizenship (if you were not born in Australia).
What about the children?
The court needs to be satisfied that your children are being taken care of before a divorce will be granted, but will not expect that you have a formal agreement in place in regard to child custody.
What about property?
You may be able to reach agreement with your ex-partner without having to go to Court. However, bear in mind that if you can’t reach agreement, a formal application for property orders must be lodged within 12 months of your divorce becoming final.
How long does it take?
When you lodge your application the court will advise the date of the hearing, usually within 2 – 3 months. The hearing is not long and you may not need to attend. The divorce order becomes final in one month and one day from the date of the hearing, provided it is granted.
Harbourside Legal Services family law solicitors can provide assistance for a range of matters relating to family law and de facto relationships, including:
- Prenuptial agreements (prenups)
- Divorce in Australia including preparing and serving divorce papers
- Legal separation issues
- Annulment of marriages
- Spousal maintenance
- Property settlements
- Binding Financial Agreements
- Domestic and family violence and apprehended violence orders (AVOs)
- Family Mediation Legal aid for family law matters
- Legal representation at Family Court