In Australia, Divorce is obtained by an Application to the Federal Circuit Court of Australia.
The Divorce only deals with the dissolution of the marriage. It does not deal with issues of financial support, property distribution or arrangements for children.
Grounds for Divorce
The only ground for Divorce in Australia is that the parties have been separated for at least 12 months and that there is no reasonable probability of them recommencing married life.
Who can apply for a Divorce in Australia
Either you or your spouse must be:-
- An Australian citizen by birth or granted citizenship; or
- Currently living in Australia and intend to live here indefinitely.
If you were married overseas and satisfy the other requirements you can apply for a Divorce here in Australia. You must provide a copy of the marriage certificate. If this is not in English you must have it translated by a qualified translator.
If your marriage is less than 2 years, you and your spouse will need to obtain counselling and obtain a counselling certificate, or file an Affidavit (sworn statement) along with a Divorce Application as to why this has not happened.
Separation under the one roof
You and your spouse may live in the same household during the 12 month period of separation. You have to prove that you were in fact separated during that time. This done by way of an Affidavit (sworn statement) filed with the Divorce Application.
Do you both have to agree to a Divorce?
No. Only one of you have to decide that the marriage is over, and communicate that to the other spouse.
If there are no children of the marriage under the age of 18 years you will not be required to attend the Court Hearing.
If both you have your spouse make the Application for Divorce and there are children under the age of 18, neither of you will be required to attend Court.
However, if you apply for a Divorce as a sole Application and there is a child of the marriage under the age of 18 years you must attend the Court Hearing.
A child of a marriage is:-
- A child of both you.
- A child adopted by you and your spouse.
- A child of your spouse.
- A foster child who is under your care and living in the household of you and your spouse during the marriage.
Divorce can become complex once other factors are involved.
It is recommended that you seek legal advice before commencing these actions.