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Divorce

A Divorce is the legal end to your marriage.

You can only apply for a Divorce once you have been separated for a period of one year. There are also additional requirements if your marriage lasted for less than two years.

Divorce in Australia is now "no fault" which means that you need not site any reason for the breakdown in the marriage.

A Divorce can proceed either as a joint Application or by one person.

If it is an Application for Divorce by one party to the marriage:

  1. You may apply without the co-operation of your former spouse:
  2. You will need to arrange for the other person to be served with the Application once it has been filed with the Court:
  3. If there are no children under the age of eighteen, and no service issues, you need not attend court:
  4. If you have children under the age of eighteen, you must attend Court.

If it is a joint Application for Divorce (signed by both parties to the marriage):

  • You do not need to arrange for service of the documentation:
  • Neither party needs to attend Court, regardless of whether you have children under the age of eighteen or not.

Generally speaking, once the Application is filed, the Divorce is allocated a court date a few months in the future. All things going well, the Divorce will then become a Decree Nisi on that date and one month later become a Decree Absolute, in other words, your Divorce will become final.

An important point to remember is that you only have one year after you are divorced to finalise, or bring an Application for Property Settlement.