Divorce and separation from your partner can be one of the most stressful and emotional experiences of any person’s life. Regardless of the reason for the breakup and regardless of whether you wanted it or not, the end of a relationship can throw your whole world into turmoil and create a variety of painful and anxious feelings.
Australia has a no-fault divorce system, which means that a divorce can be granted without attributing blame to either party. The only ground for divorce is that the marriage has irretrievably broken down, demonstrated by a period of separation of at least 12 months.
As mentioned, a period of separation for at least 12 months is required before applying for divorce. This means living separately and apart, even if residing in the same residence. In some cases, parties may be considered separated while still living under the same roof, but additional evidence may be required to establish the separation.
To initiate a divorce, one or both parties must complete and file an Application for Divorce with the court. The application requires information about the marriage, separation, and any children of the marriage. It is possible for one party to apply for divorce without the consent of the other party.
nce the court grants the divorce, a Decree of Divorce is issued. The divorce becomes final one month and one day after the date of the decree. After the divorce becomes final, both parties are legally free to remarry if they choose to do so.
If you and your spouse have suffered a breakdown in your marriage, we can assist with helping you prepare a divorce application.