Divorce
A divorce is the legal ending of a marriage and can be obtained 12 months after the separation date. We can assist you by applying for the divorce and undertaking all necessary work to obtain the divorce on your behalf.
Australia has a ‘no fault’ approach to divorce, which means that you do not need to prove to the Court that the other person did something which caused the breakdown of the marriage. When considering a divorce application, the Court needs to only be satisfied that the eligibility criteria are met (see below).
It is important to know that a divorce does not determine your financial settlement or arrangements for your children, it is purely the act of ending the marriage. A financial settlement and arrangements with respect to your children will fall outside of the divorce application.
The Federal Circuit & Family Court of Australia grants your Application for Divorce.
You can apply for a divorce once you become eligible, and you don’t need the other person’s consent.
Divorce Lawyers Melbourne
There are several reasons you might need to obtain legal advice for completing your Application for Divorce, they include:-
If you need help completing your Application for Divorce;
If you are unsure if you are eligible to apply for a divorce.
If there are children of the marriage under the age of 18 years, when considering an Application for Divorce, the Court must be satisfied that there are appropriate arrangements in place for the children of the marriage;
If you have been married less than 2 years;
If you and your spouse were separated, but living under the same roof;
If you are unable to locate your spouse;
If you were married overseas, or your marriage certificate is not in English;
If you are currently living overseas.
If you wish to discuss the first steps to divorce you can call us for a free initial 30-minute consultation. We have a team of specialists in family law who can assist you by applying for the divorce and undertaking all necessary work to obtain the divorce on your behalf.
To make a booking for a free initial consult call 03 9596 0222 or
Latest Insights
Frequently Asked Questions
-
You can apply for a divorce once you have been separated for at least 12 months and there is no reasonable likelihood of getting back together. You or your spouse must either:
be an Australian citizen; or
regard Australia as your home and intend to live here indefinitely; or
have lived in Australia for at least the 12 months immediately before filing.
Australia has a no-fault divorce system, so you do not need to prove why the marriage ended.
-
Yes. This is called a sole application, and you do not need your spouse to agree. You do need to serve the documents on your spouse so the court knows they have been notified.
If there are children under 18, the applicant in a sole application needs to attend the court hearing.
-
Yes. Couples sometimes separate while continuing to live in the same home, often for financial or practical reasons. The court needs additional evidence that the relationship has ended, usually affidavits from you and from someone who can confirm the change in your circumstances. This is a situation where it helps to get advice before you apply.
-
No. A divorce ends the marriage. Your property settlement and the arrangements for your children are dealt with separately, and it is worth addressing them early.
Time limits also apply once a divorce takes effect, you have 12 months to apply to the court for a property settlement or maintenance.
Speak to one of our family lawyers on the phone today
Confidential, no obligation and no cost.
Free personalised information in minutes