Divorce is the legal end to your marriage. Parties separate when one spouse communicates to the other spouse their intention to be separated. It is possible to be separated whilst both parties reside in the same accommodation however, proof of separation will be required.
To obtain a divorce, you must be able to demonstrate that the marriage has broken down irretrievably. To do so, the parties must satisfy the court that they have separated and continued to live separately for a period of 12 months. If there are children under 18, the court must be satisfied that there are proper arrangements in place for the welfare of the children prior to granting the divorce.
If you have been married for less than two years, you will be required to attend counselling and provide a certificate from the counsellor which states that you have considered reconciliation with your former partner.
An application for divorce is filed in the Federal Circuit and Family Court of Australia. You can file a sole (one party) or joint (both parties) application. Unless the court tells you otherwise, your divorce hearing will be held by electronic means. In some circumstances you may not even need to attend the electronic hearing, for example, where both parties have jointly requested that the application be heard in their absence. At the hearing, once the court is satisfied that the marriage has broken down irretrievably, and if there are children of the marriage, that arrangements have been put in place for the welfare and development of the children, the court will grant a divorce order, which becomes final one month later.
The same process applies to same sex married couples.
Your divorce application does not address issues in relation to your financial or property arrangements. It is, however, important to remember that, unless agreed by the other party, you must start financial proceedings within 12 months of your divorce being finalised.
