At AC Law Group, we can assist you with your divorce application. In Australia, divorce is not usually contested. Proceedings for Divorce are usually commenced after all parenting and/or financial matters have been resolved. An application for Divorce can be made by either party or jointly.
To divorce your spouse you must establish:
- Marriage – You are required to establish that you are a spouse to a valid marriage. This is usually done through the tendering of a marriage certificate or other appropriate evidence of the relationship.
- You have been separated from your former partner for at least 12 months. A couple may be separated and still live together provided they satisfy the court that they are not living as husband and wife. Where a couple reconcile during the period of separation, the 12 month period will not reset so long as any reconciliation or reconciliations do not total more than a total of three months and those three months do not count as part of the period of 12 months.
- There is no reasonable prospect that you will get back together. The court must be satisfied that the relationship has broken down irretrievably.
- You or your spouse are Australian residents or citizens, or regard Australia as your permanent home.
What if my marriage was less than two years?
Couples who have been married for less than two years must attend counselling before filing the application for Divorce. To divorce, the parties are required to attend counselling with a Court approved Counsellor to discuss the possibility of reconciliation. The Counsellor will then sign a Certificate to confirm that the counselling has taken place. However, in special circumstances, an applicant may seek the leave of the Court to proceed to divorce without the need to attend counselling.