To apply for a divorce
To apply for a divorce you must have been separated for 12 months. You are legally separated when one person in the relationship determines that they are separated. There does not need to be a document to prove the separation.
The ground for divorce is the irretrievable breakdown of marriage evidenced by 12 months separation. Such separation can be under the same roof. You can also reconcile for up to 3 months and still apply for one after you have been separated for a total of 12 months.
Once a divorce order is made
Once the order is made it comes into effect one month later. In certain circumstances the period between the order being made and coming into effect can be reduced.
It is possible to make an application jointly or separately. If there are children under the age of 18 the Court will need to be satisfied that suitable arrangements have been made for them.
Our lawyers will help you through the divorce process
We are able to assist you with an application in these circumstances. You can make the application yourself in which case you may find http://www.federalcircuitcourt.gov.au useful. This site also contains an online application.
Your rights in relation to financial matters can be affected by the issuing of the order.
For more information contact us to speak with one of our experienced family lawyers.