Divorce Process

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.

Always forgive your enemies, nothing annoys them so much

Divorce - Frequently Asked Questions