FAQ Category: FAMILY LAW - DIVORCE

You can apply for a divorce after you and your former spouse have been separated for at least 12 months and there is no likelihood of resuming married life. This is even if you both continued living under one roof.

If you have been married less than two years the Court requires you to attend counselling prior to filing for Divorce.

You can only object to a divorce if you have not been separated for at least 12 months or if the divorce was filed in the wrong jurisdiction.

If you were married overseas, you can apply for a divorce in Australia if either you or your spouse are an Australian citizen or live in Australia permanently, or if your children were born in Australia and you usually live in Australia.

The principle of no-fault divorce was established by the Family Law Act 1975 meaning the court does not consider why the marriage ended. The only grounds for divorce is that the marriage has broken down irretrievably and that you have been separated for at least 12 months.

In most cases the divorce is finalised one month and one day after the divorce hearing date.