A divorce is a declaration by a Court that a marriage is at an end.
There are two grounds for divorce, namely:
- 12 months of separation and
- Irreconcilable differences
Separation under the same roof in certain circumstances will suffice.
There is no requirement to prove fault in Australia unlike some other countries.
An Application for Divorce is filed at the Family Court of Australia and served personally or, if your partner is co-operative, by post.
There is no need to attend Court unless you have children over the age of 18 years. If there are children under that age the Court needs to be able to assess whether proper arrangements have been made for the children.
The Court has the power to refuse to make a Divorce Order if it is not satisfied that proper arrangements have been made.
Once the Divorce Order is made it takes effect one month later and you can then remarry.