How to get a Divorce

Australia has a no fault divorce  system, which means that you do  not have to give a reason or  find fault with your ex spouse to seek a divorce.  No one has to remain in a  marriage that they feel is broken or is not healthy for them.

To make an application for a Divorce you can make it jointly  or solely.  At the date of filing  at least on of the spouses must be

  •   an Australian citizen;
  • domicilied in Australia;or
  • resident in Australia  for 12 months


You will also need to prove to the Court that you have been separated for 12 months and that your marriage has broken down irretrievably,  that means that there is no  chance that you will get back together again.

Separation can include living under the one roof and if  that is how you have been  living,   then you will  need to provide further evidence to the Court,  that whilst you were  living in the one home, you led separate lives and you no longer shared your finances and your family and friends and the world at large knows you as separated.

Where there are children under the age of 18 years, you will  have to prove to the Court  that the  children are cared for  and explain any parenting or child custody arrangements to the Court.


How to get a Divorce

If an application for  Divorce is made by one spouse, then service of  the Divorce  Application is essential. The Court must be satisfied that your ex is aware and knows about the Divorce.  Occassionally there are objections to a divorce,  but these are not common.

We have experience and knowldge in Divorce applications and can provide you with peace of mind.

Contact us today.

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