Many people get confused between 'A Divorce ' and a 'property settlement ' or a 'children 's matter '.
Divorce marks the legal end of your marriage and literally means obtaining a certificate that says that you are no longer married to your husband or your wife.
Your divorce will not settle the parenting of your children, child support or the division of the assets of your marriage. These require separate proceedings and are set out under their relevant headings on our site.
To obtain a divorce you must prove to the Family Court of Australia or the Federal Circuit Court of Australia that your marriage has 'irretrievably broken down ' and you have separated for at least twelve (12) months.
Whilst you probably didn 't use the words 'irretrievably broken down ' when you and you ex-partner decided to split, it's effectively when one party communicates to the other that the marriage has ended. This often occurs after one party moves out of the former matrimonial home.
The Court does not take into account the cause of the marriage breakdown, as in Australia, we have 'no-fault divorce' and the reason why you separated is not considered relevant.
Below, we 've included some frequently asked questions about divorce.
It is not absolutely necessary for you and your partner to have been living in separate residences for you to be separated. You can be living in the same house and still be separated.
If you have been married for a period of less than two years, you will normally only be able to obtain a Divorce if you have attended a counselling session and have a counselling certificate before applying to the Court for a Divorce. There are some special circumstances where you do not have to attend this counselling.
To apply for a Divorce either you or your partner must be an Australian citizen, permanent resident or have been living in Australia for at least twelve (12) months before the Divorce Application can be filed.
You must pay a fee when you file the Application for Divorce. Currently, the fee is $845.00 when the Application is filed in the Federal Circuit Court of Australia. The fee is greater in the Family Court of Australia.If you can’t afford the divorce fee and you meet certain criteria you can apply for it to be reduced by completing a form and filing it with your Application for Divorce.
You will usually only have to attend the Divorce Hearing if there are children of the marriage under the age of eighteen (18). You will also have to attend if your spouse opposes the Application, however, this is not common.
If you have children, the Court has to be satisfied that you have made proper arrangements for your children’s welfare before granting a Divorce. This often includes demonstrating that arrangements have been made for the children to spend time with both parents.
On average, it usually takes about 8-10 weeks for you to obtain a Divorce and receive your Certificate of Divorce. This timeframe can however vary depending on the circumstances and the Court.
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