Meredith Lawyers

What is the process of getting a divorce in Australia?

The legal end of a marriage is called a divorce or dissolution of a marriage.

Australia has ‘no fault’ divorce. This means that when granting a divorce, the Court does not consider the reason/s the marriage ended. Neither spouse needs to prove that the other did (or did not) do something which caused the breakdown of the marriage.

The only ground for divorce is that the marriage broke down and there is no reasonable chance that the parties will get back together.

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

  1. regard Australia as your home and intend to live in Australia indefinitely, or
  2. are an Australian citizen by birth, descent or by grant of Australian citizenship, or
  3. ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.

You need to satisfy the Court that you and your spouse have lived separately and apart for at least 12 months, and there is no reasonable likelihood of resuming married life. It is possible to live together in the same home and still be separated. This is known as being separated but living under one roof.

Same sex married couples are treated the same as other married couples and can apply for divorce if the marriage is recognised in Australia and you meet the requirements for divorce under the Family Law Act 1975.

If you were married overseas and your foreign marriage is recognised in Australia (in accordance with Part VA of the Marriage Act 1961), you must provide the Court with a copy of your marriage certificate. If your marriage certificate is not in English, you need to provide an English translation of the marriage certificate, together with an affidavit translation of marriage certificate from a certified translator.

The granting of a divorce does not determine issues of financial support, property division or arrangements for children. It is simply a formal recognition that the marriage has ended.

For more information on the legal processes involved in divorce in Australia  , please contact our experienced team of Divorce lawyers in Sydney today on 1300 537 306  or send us an email at admin@meredithlawyers.com.au

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