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Divorce FAQs


Assisting you with Family Law - Divorce





Divorce FAQ’s

How long do I need to wait to get divorced?

You must have been separated for 12 months before signing and filing your Application for Divorce.

If you have been separated under the same roof for a portion or all of this twelve month period, you will need to file an Affidavit, along with an Affidavit of a third party (friend or family member) to provide evidence to the Court that you were separated during this time.

Can I get a Divorce if my ex won’t sign the Application?

Yes. Either party can make a sole Application for Divorce. You do not need the other party’s consent. The Application will, however, need to be served on the other party.

Do I have to say why I want a Divorce?

No. There is no fault divorce in Australia.

Who can get divorced in Australia?

An Application for Divorce can be filed in Australia if either party is an Australian citizen domiciled in Australia or ordinarily resident in Australia and has been ordinarily resident in Australia for at least one (1) year prior to filing their Application for Divorce.

What happens if I was married overseas?

You need to file a copy of your Marriage Certificate with your Application for Divorce. If your Marriage Certificate is in a language other than English, you will need to file a translation of the Marriage Certified by a certified translator.

What if we have not been married for more than two (2) years?

If parties have been married for less than two (2) years, they must first have considered reconciliation with the assistance of a counsellor.

A certificate from the counsellor confirming that they have discussed reconciliation with the parties must be attached to the Application for Divorce.

Either the husband or wife can make a sole Application for Divorce provided that the Certificate is attached to the Application or they have received permission from the Court to make the Application before the expiration of the two (2) year time period.

The two-year time period runs from the date of marriage until the date of the Divorce Application.

Alternatively, parties can simply wait for the two (2) year time period to expire prior to making the Application.

Does it matter if we have not worked out the property settlement or the parenting arrangements for the children?

No, provided that you have been separated for 12 months.

Please note that obtaining a Divorce Order creates a time limitation in relation to making an Application to the Court for spousal maintenance and/or property settlement. Both parties have twelve (12) months from the date that their Divorce Order becomes final to make an Application to the Court for spousal maintenance and or property settlement. The leave of the Court is required to make an Application outside of the expiration of this twelve (12) month period. This leave is not granted automatically.

When am I divorced?

When the Court is satisfied, it will issue an order for divorce, known as a Decree Nisi. This order is temporary, and after a month and one day becomes final, known now as a Decree Absolute. It is with this final order that you are officially divorced. Note however that it may take a few hearings for the Court to approve the application.

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