Separation & divorce
Parties separate when one party moves out of the matrimonial home. It is possible to be separated whilst both parties reside in the same accommodation however, proof of separation will be required.
The Family Law Act established the principle of no-fault divorce in Australia.
In order to obtain a divorce, it must be demonstrated that the marriage has broken down irretrievably. To do so, the parties must satisfy the court that they have separated and continue to live separately for a period of 12 months. The date of filing a divorce application must be at least 1 year and 1 day after separation occurred. If there are children under 18 as a result of the marriage, the court must be satisfied that there are proper arrangements in place for the welfare of the children prior to granting the divorce.
Applying for a divorce
An application for divorce must be filed in the Federal Magistrates Court and upon doing so, the matter will be given a hearing date. If there are children of the marriage under the age of 18, the applicant will be required to attend the hearing. 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 certificate of divorce, which becomes absolute one month later.