What Is Divorce?
Divorce is the official legal ending of a marriage. In Australia the court doesn't look at whose fault it was. The only requirement for a divorce is the 'irretrievable breakdown' of the marriage. This is validated through a minimum of a12 month separation period.
Please note a divorce does not resolve issues relating to children or property. These arrangements must be made separately.
How Do I Get A Divorce?
Following a minimum of 1 year's separation, either spouse can apply to the Family court or Federal Magistrate's court for a divorce. You then pay a fee to the court for dissolution of your marriage. If there are children from the relationship under 18 the court will not grant the divorce unless arrangements (a parenting order) have been made for their care and they are explained to the court.
You can apply for a divorce in Australia if either you or your spouse:
- Currently live in Australia and regard Australia as your permanent home
- Are an Australian citizen
- Normally live in Australia and have lived in Australia for at least 12 months before applying for a divorce.
What Happens If I Have Been Married For Less Than 2 Years?
If you've been married less than 2 years and want to apply for a divorce you must attend a counselling session with a court approved professional. You will then file a certificate completed by the counsellor with your Application for a Divorce Order. You must attend this mediation session with your spouse. You should seek legal advice If one person refuses to attend or there are special circumstances that make it difficult for either person to go to counselling.
I Was Married Overseas; Can I Get A Divorce In Australia?
If you were married overseas, you can apply for a divorce in Australia if you or your spouse:
- Currently live in Australia and regard Australia as your permanent home
- Are an Australian citizen
- Normally live in Australia and have lived in Australia for at least 12 months before applying for a divorce.
You will need to provide the court with a copy of your marriage certificate. If your marriage certificate is not in English, you need:
- An English translation of it
- An affidavit from the translator which:
− states his or her qualifications to translate
− attaches a copy of the marriage certificate
− attaches the translated marriage certificate
− states that the translation is an accurate translation of the marriage certificate, and
− states that the attached copy of the marriage certificate is a true copy of the marriage certificate translated.
Do I Need A Lawyer?
In straightforward cases, it is simple to obtain a divorce without using a solicitor. New services and do it yourself kits such as those available through your local family law court and by private companies are cost effective and simple to use.
In more complicated cases, for example you may not agree on matters regarding the children you will need a lawyer. It is important to know that both parties need to have independent legal advice before a court will make a financial settlement legally binding.
Before you try to settle any dispute about property, financial and children's matters, you should get professional legal advice and research your legal rights.
NB: The court will not grant a divorce unless it is satisfied that there are proper arrangements made for children under 18.
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