Am I eligible?

To be eligible for a Divorce you must have been married for at least 2 years and separated for at least 12 months.

The court will not consider reasons as to why the marriage ended. The Court will be satisfied on the basis that the marriage has broken down and there is no reasonable likelihood that the parties will be getting back together.

It is the Federal Circuit and Family Court of Australia that has the power to grant a Divorce Order.

How do I Apply?

You can apply for a Divorce using the Court’s online Application system. There are filing fees involved. Alternatively, you can contact a Lawyer and they can complete the Application for you and any other necessary documentation.

Do I have to go to Court?

The circumstances in which you will not be required to attend Court are as follows:

  1. There are no children under 18; or
  2. There are children under 18 but the Application has been made jointly.

If there are children of the marriage under 18 and the Application has been made solely (by one party to the marriage) you will be required to attend Court.

The same applies to those that wish to oppose a Divorce Application.

Overseas Marriage/Divorce

You can apply for Divorce in Australia (if you were married overseas) if you:

  1. Intend to live indefinitely in Australia, are an Australian citizen or resident; or
  2. Live in Australia and have done so for 12 months immediately before filing your Divorce Application.

If you were married overseas and obtained a Divorce overseas, Australia will recognise the Divorce, if it satisfied the Divorce requirements of that country.

When can I Remarry?

Until your Divorce Order is final, you cannot remarry. If you are planning to remarry, we suggest you do not set the wedding date close to the expected date of finalisation of your Divorce Order in case of any unexpected delay.

To better understand your rights and responsibilities when applying for a Divorce it is best to seek legal advice. There are certain requirements and differences in how the law will apply to your individual circumstances.

For more information on separating from your partner, please book an appointment with us today or contact our Family Law team at Tonkin Legal Group on (03) 9435 9044.