More pages in this section
The Family Law Team at Connolly Suthers can help you obtain a divorce.
A divorce is an order made by the Court dissolving a marriage.
To obtain a divorce in Australia, there is no requirement that one party be at fault. When granting a divorce the Court does not consider why the marriage ended.
All that is required is that you and your spouse have lived separately and apart for at least 12 months, and there is no reasonable likelihood of resuming married life. It is possible to apply for a divorce even if you have lived together in the same home but as a separated couple.
You can apply for a divorce if either you or your spouse:
- regard Australia as your home and intend to live in Australia indefinitely, or
- are an Australian citizen by birth, descent or by grant of Australian citizenship, or
- ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.
You can make the application for divorce on your own, or you and your spouse can apply for divorce together. If you have children, the Court will need to be satisfied there are appropriate arrangements in place for the children before they will grant your divorce.
You do not need to have concluded a property settlement to apply for a divorce. However, you should be aware that once you have obtained a divorce, certain time limits will apply in relation to your ability to apply to the Court for orders relating to a property settlement and spousal maintenance.
While divorce marks the legal end of your marriage, it does not settle issues such as the parenting arrangements for your children, the division of your marital property, child support or spousal maintenance. You may care to obtain legal advice to understand your rights and responsibilities before applying for a divorce.
The Family Law Team at Connolly Suthers can assist you through the divorce process and provide you with any other family law advice you may require.