Understanding Divorce in Australia: A Basic Guide for Clients

;Divorce marks the legal end of a marriage, known as the dissolution of marriage. In Australia, the process follows a ‘no fault’ divorce principle, which means the Court does not consider the reasons behind the marriage breakdown. Neither spouse needs to prove any wrongdoing. The sole ground for divorce is that the marriage has irretrievably broken down with no reasonable chance of reconciliation.

Who Can Apply for Divorce in Australia?

You can apply for a divorce in Australia if either you or your spouse:

– Regard Australia as your home and intend to live here indefinitely or

– Are an Australian citizen by birth, descent, or by grant of Australian citizenship, or

– Ordinarily live in Australia and have done so for at least 12 months before filing for divorce.

Additionally, you must demonstrate to the Court that you and your spouse have been living separately and apart for at least 12 months, with no reasonable likelihood of resuming married life. It’s possible to live in the same home and still be considered separated, known as being ‘separated under one roof’.

Divorce and Children

For marriages with children under 18, the Court will only grant a divorce if satisfied that proper arrangements have been made for the children’s care. You must provide detailed information about the children’s living arrangements, time spent with each parent, education, health, and financial support.

Financial and Property Arrangements

Granting a divorce does not resolve issues related to finances, property, or parenting. These matters must be addressed separately. 

Need Help?

Navigating a divorce can be challenging, but understanding the process can make it smoother. If you need assistance with arrangements for your divorce or parenting and/or property settlement matter, for more information contact Bickell & Mackenzie at (07) 3206 8700 or by filling out the form on our website.







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