Divorce

How Can I Get Divorced

To get divorced you need to show that your marriage has ‘irretrievably broken down’. This means being separated for at least 12 months with no likelihood that the relationship will resume.

• A separation can be initiated by one person, or both.
• A divorce application can be applied for by one person, or both.

Australian law does not take into account who is at fault for the marriage breakdown when considering a divorce application.

To apply for a divorce in Australia you or your spouse must:

• be an Australian citizen, or
• live in Australia and regard Australia as your permanent home, or
• ordinarily live in Australia and have done so for at least 12 months before the divorce application.

Even if you were married overseas, you can apply for a divorce in Australia as long as you meet the above criteria.

What if I have been married for less than two years?

If you have been married for less than two years you will need to:

• attend counselling with a family counsellor and,
• file a counselling certificate or,
• get permission from the court to apply for a divorce without the certificate.

• It is important to understand whether to file a sole or joint application, as there are different obligations in either case.

If you make a sole application, you are known as the applicant and the other party is known as the respondent. Only you as the applicant are required to sign the application. However, you will be required to serve the application on the respondent.

For a joint application, the parties are known as joint applicants. If you file a joint application one party completes the application and provides a copy to the other party to review and sign.

• • It is possible to be ‘separated under one roof’ if certain criteria are met. However, it is best to seek legal advice before commencing this sort of arrangement.
  • Court attendance is not required if there are no children of the marriage.
  • Court attendance is required if there are children under the age of 18 years.

How do I apply for divorce?

Applying for a divorce is a fairly easy process through the Federal Circuit and Family Court of Australia. However, spousal maintenance, parenting arrangements and property settlements can complicate divorce proceedings. It is, therefore best to discuss your options with an experienced professional. At Farrell Goode we have over 30 years of experience in handling these matters and understand what can cause complications. We can help to ensure you receive the best possible outcome for you and your family.