Grounds for Divorce
The Family Law Act operates on a “no fault” basis. There is no need to establish that either party is at fault in order to be granted a divorce.
There is only one ground for divorce for married couples in Australia – an irretrievable breakdown of the marriage. This ground is established where the husband and wife have lived separately
and apart for a period of 12 months. In some circumstances, it is possible to live separately and apart under the one roof, provided independent evidence exists that the marital relationship has broken down.
A Divorce Application cannot be filed until after the 12 month time period has elapsed. The Application is filed at the Federal Magistrates Court.
How do I file for divorce?
We will prepare the Divorce Application on your behalf and serve it on your spouse. The hearing of the divorce usually takes place about 6-8 weeks after the Application is filed, and depending on your circimstances you may not need to personally attend court as we will represent you. If there are children of the marriage who are under 18 years of age, the applicant must attend Court when the divorce is heard.
Before granting a divorce, the Court must be satisfied that proper arrangements have been made for the welfare of the children. This includes housing, education, contact, health and financial support arrangements for the children.
If satisfied of those matters, the Court then grants a Decree Nisi of the marriage, which becomes final or absolute one month and one day later. You cannot remarry until the divorce decree becomes absolute.
