DIVORCE IN AUSTRALIA

If you have been separated for more than 12 months, the Court takes this as evidence of the fact. Even if you live under the same roof you can still obtain a divorce, provided you swear to the separation in your Divorce Application.

What do I need in order to apply?

You will need your marriage certificate, identification, and proof of citizenship.

What about the children?

The Court needs to be satisfied that your children are being taken care of before a divorce will be granted, but will not expect that you have a formal agreement in place in regard to child custody.

What about property?

You may be able to reach agreement with your ex-partner without having to go to Court. However, bear in mind that if you cannot reach agreement, a formal application for property orders must be lodged within 12 months of your divorce becoming final.

How long does it take?

When you lodge your application, the Court will advise the date of the hearing, usually within 2 – 3 months. The hearing is not long, and you may not need to attend. The divorce order becomes final in one month and one day from the date of the hearing, provided it is granted.