Divorce

A divorce is a decree of dissolution of marriage. Once this is granted it will mean that you are no longer married to your husband or wife. In Australia the only reason required for a divorce is that the marriage has irretrievably broken down.

To apply for a divorce, you will need to be separated from your partner for a period of 12 months. You can still be separated when you are living under the same roof, however you will need to provide extra information and details to the Court.

To make an application for divorce you will also need a copy of your marriage certificate. If you have children who are under the age of 18 the Court will want to know that there are arrangements in place to ensure that the children are safe and supported.

Once your application is filed it will usually be around 3 months before the divorce hearing. You will only need to attend Court if you have children under 18 years of age or if there is a dispute. You will receive a divorce decree one month and one day after the hearing.

Divorce is a separate matter to a property settlement or parenting arrangements for your children.