Divorce in Australia
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Australia adopted a "no-fault"
divorce principle, and the only grounds for divorce is the
"irretrievable breakdown of the marriage". To apply for a
divorce in Australia, you need to demonstrate that you and your
ex-spouse have been living separately for 12 months or more and that
there is no reasonable likelihood of the marriage to reconcile.
The divorce process in Australia includes three parts: formal divorce, children's orders (custody of the children) and property settlement (separation of marital assets). Any part can be handled independently from the two others and in any order. If you apply to a Family Court for separation of marital assets and children's orders, the Court will usually join both matters into one. However, you and your ex-partner are free to agree on either children's orders or the split of marital assets at any stage, before or after the formal divorce is through. Any of the spouses can apply for a formal divorce or you can file a joint application with your spouse. If your marriage is less than two years old (together with the required 12-month separation), then you will be required to attend marriage counseling before you can divorce. Australian law strives to provide an equal opportunity to both parents to share the care of the children and in most cases will provide for shared care of the children, without granting the full custody of the children to one parent. Divorce in Australia is the subject of Family Law and divorce lawyers are called "Family Law specialists". Divorce proceedings are handled by Federal Magistrates Courts of Australia and the Family Court of Australia. You can apply for a divorce yourself or through your divorce lawyer. If the Court is satisfied that the necessary condition of 12-month separation has been met, and there are appropriate arrangements in place in regard to children's care (even if there are no final Court orders in regard to children's custody), the Court will grant you divorce, for which you may not even be present in the Court but either being represented by your divorce lawyer or attend by phone. Your divorce will become final in one month and one day after the divorce was granted by the Court and you will receive the Divorce Certificate in the mail. However, children's orders and property settlement are separate from the procedure of formal divorce and you will need to apply separately to Court to split the marital assets and regulate care of the children. The Court encourages you to find a mutually acceptable solution with your partner and file for Consent Orders. To apply for children's orders to Court, you need to attend a formal Mediation by a registered practitioner, who will then provide a certificate to the Court if you didn't reach an agreement in mediation. After that, you can file for Court orders in regard to children's custody. Property settlement can also be a subject of mediation. Click here for more information on divorce
in Australia
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