Divorce

Divorce is the legal process that brings the end to a marriage.

In Australia, we have a system of “no fault” divorce so whether or not one party has acted poorly or has been unfaithful has no effect on whether or not a divorce is granted. The only ground for establishing a divorce order is that there has been an ‘irretrievable breakdown’ of the marriage.

To satisfy the court that there has been an irretrievable breakdown of the marriage, you must be separated for a period of 12 months. Of course, if the court considers there is a reasonable likelihood of the relationship being resumed, a divorce order should not be made.

An Application for Divorce can be made by either one party (a sole application) or both parties together (a joint application). Our solicitors can advise you about the best option in your particular circumstances.

Once the application is made, a divorce hearing will take place. If the Court is satisfied at the hearing that the grounds have been met, a divorce Order will be made. That order becomes final 1 month and 1 day later.

• What if we separate but continue to live in the same house?
• What if my ex doesn’t want to separate?
• Process and Criteria