Divorce In Australia

TJ Mulvany & CO can assist you in obtaining a Divorce in Australia by taking care of the preparation and lodgment of your application, and attending on your behalf at a Court hearing to ensure approval.

When Can I Get A Divorce?

The Family Law Act 1975 as amended established “no fault based divorce” in Australia. As such, the only grounds necessary to enable you to apply for a divorce is the irretrievable breakdown of your marriage, as evidenced by 12 months’ separation.

It is possible for parties to be separated for 12 months even though they have spent part of that time separated under one roof. Additional evidence, usually in the form of supporting affidavit material, is necessary to corroborate that separation.

How To Get A Divorce

After you and your spouse have been separated for a period of 12 months, application can be made to the Federal Magistrates’ Court of Australia, although it is important to note that if there are children of the marriage aged under 18 years, the Court will only grant a divorce if it is satisfied that proper arrangements are in place for the welfare of the children.

Who Can Apply For A Divorce?

It is possible for you and your spouse to apply for a divorce together. If your spouse will not agree to a joint application, it is still possible for you to apply for a divorce on your own; however it will be necessary for the Divorce Application to be served on your spouse.

The Divorce Process

After filing your Application with the Court, and if necessary serving your former partner with the Application, a Divorce Hearing is usually allocated four to five weeks later. Once a Divorce Order has been granted at the Divorce Hearing, the divorce will become final and absolute one month and one day later. This is an important consideration if you intend to remarry.

Property Settlement

It is important to note that a divorce does not of itself resolve financial matters or children’s issues between you and your spouse. Similarly, if you only wish to deal with property or children’s matters upon final separation, it is not strictly speaking necessary for you to apply to be divorced. However, once divorce you must commence Court proceedings in relation to the division of property within 12 months of the divorce becoming absolute.