Divorce

In Australia, the term “Divorce” applies to the dissolution of a marriage only.

It is separate from your property settlement, parenting arrangements and child support issues.

In Order to grant a Divorce, the Court must be satisfied:

1. That the marriage was a legal marriage.
2. That (at least) one of you permanently resides in Australia.
3. That you had been separated for at least 12 months prior to making the Application.
4. That proper arrangements have been made for any children under the age of 18.

A Divorce Application can be made by one party to the marriage or by the parties jointly.

Divorce Applications can be dealt with administratively by the Court with no appearance required. However, if you have children under the age of 18, the Court will require you to attend Court (unless you and your spouse make a joint application).

If an Application is made by one party, then the Court documents must be formally served on the other party. You must be able to show the Court that the other party has received notice of the Application and has had the opportunity to respond.

Once an Application has been approved by the Court it will become official one month and one day after the Divorce hearing.