How Divorce Works

 

 

What is Divorce?

 

Divorce is the dissolution of marriage. Australia has adopted a no-fault system. The only requirement to file for divorce is the irretrievable breakdown of the marriage, which is supported by the husband and wife having been separated for at least 12 months with no likelihood of getting back together.

To apply for a divorce, you or your husband or wife must have been separated for twelve (12) months and fit one of the following:

  • Being an Australian citizen;
  • Lives in Australia for at least 12 months immediately prior to the filing of the divorce; or
  • Regards Australia as your permanent home (this should still be accompanied by proof that you have been living in Australia for at least 12 Months).

 

 

 

Divorce Process Australia

If the Divorce is not opposed and there are no disputes about the children, we can offer you our Services.

 

 

Separation for
at least 12 months

Fill Application for
Divorce

Serve Documents
on your Spouse
(for sole application only’)

Hearing Date

Divorce is
finalised

 

 

 

Children And Property


The divorce does not address issues relating to children or property. These arrangements must be made separately. However, the Court must be satisfied that proper arrangements are made for the care and welfare of the children. The Court will ask about:

  • Where do the children live and who do they live with
  • How are they financially supported
  • Information about their health and education

The arrangement for the care of the children can be a verbal private arrangement between the parties. It does not need to be in a formal agreement.

The Court can reject a divorce application if it is not satisfied that proper arrangements had been made for the children.