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 a divorce after you have been separated for a total of 12 months.

Once a divorce order is made it comes into effect 1 month later. In certain circumstances the period between the divorce order being made and coming into effect can be reduced.

It is possible to make application for divorce 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.

We are able to assist you with an application for divorce. You may like to make the application yourself in which case you may find the website www.divorce.gov.au which contains an online application for divorce and links to the Court’s website.

This website provides information only and is not a substitute for legal advice.