Applying for a divorce Applying for a divorce

Applying for a divorce

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.

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 continued to live separately for a period of 12 months. The date of filing a divorce application must be at least 1 month 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.

An application for divorce must be filed in the Federal Circuit 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 divorce order, which becomes final one month later.

A divorce lawyer can help you at every stage of the process and assist you with dealing with the courts. Our team of Melbourne and Brisbane divorce lawyers are only a call away.