Getting a divorce

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When can I get a divorce?

 

In Australia you are not able to obtain a Divorce until you have been separated for a minimum of one year. This can include time that you were separated but still living at the same address. However, including time while you and your spouse were still at the same address does make the process slightly more complex.

 

Why is a Divorce granted?​

The Family Law Act 1975 provides for no fault Divorce in Australia. This means that a person does not need to prove to the Court that the other person was at fault when they apply for Divorce. The crucial thing that needs to be proven for a Divorce to be granted is that the spouses have been separated for a year, and that there is no likelihood that they will reconcile. The reasons for the end of the relationship do not affect property settlement.

Property Settlement after a Divorce

Once your Divorce is finalised, you have one year to apply to the Court for a property settlement. If you wish to apply for a property settlement more than a year after your Divorce becomes finalised, you will need the Court’s permission.

It is important to know that you can apply for property settlement before you are divorced. Divorce and property settlement are completely different processes.

Divorce Hearing

If you have children under the age of 18 and you applied for the Divorce alone, you must attend the Divorce hearing. We also often recommend that people attend their Divorce hearing even if they are not required to, because it can provide closure and assist with the healing process after the breakdown of the relationship.
The Court charges a filing fee for lodging your Divorce Application. This fee can be substantially reduced if you have a Health Care Card or Pensioner Concession Card.

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