Divorcing in Australia

Divorce signifies the legal termination of a marriage. In Australia, divorces are based on a 'no fault' principle. This implies that the Court does not take into account the reasons or causes for the marriage's dissolution when approving a divorce. The sole ground for divorce is the irretrievable breakdown of the marriage, with no reasonable likelihood of the couple reconciling as a married pair.

Obtaining a divorce does not resolve matters related to financial support, property division, or child arrangements, but a divorce order can lead to several legal consequences.

You must convince the Court that you and your spouse have been living separately for a minimum of 12 months and that there is no reasonable chance of reconciling your marriage. 

It is possible to be separated yet continue living in the same home during the 12 months before applying for divorce. This situation is referred to as separated but living under one roof.

A divorce does not decide the parenting arrangements for children. However, before a divorce can be granted, the Court must declare one of the following:

• There are no children of the marriage under 18 years old,

• There are satisfactory arrangements for any children under 18, or

• The Court is convinced there is a valid reason to grant the divorce even without satisfactory arrangements for the children. 

The Application for Divorce requires you to provide information about any children considered part of the family before separation, regardless of whether they are your biological children.

You must give detailed information about how the child/ren spend time and communicate with each parent, their education, health, financial support, and the reasons for these arrangements. If you cannot provide this information, you must explain why. 

If the provided information is insufficient, the Court may postpone your application for you to supply more details. 

Obtaining a divorce does not resolve matters related to finances, property, maintenance, or parenting arrangements for your children.