A Divorce formally recognises the end of a marriage. A Divorce Order is granted by the Court to officially dissolve the legal status of a marriage. The divorce process is separate to your property settlement and children matters.
The process is usually straight forward and involves filing an Application for Divorce in the Federal Circuit and Family Court of Australia. However, there can be complicating factors to a divorce.
Your former partner does not need to consent to a divorce but the marriage needs to be irretrievably broken down. You need to be separated for more than 12 months before you can obtain a Divorce. There is also an additional requirement for marriage counselling if you are seeking a divorce within 2 years of being married. If you were married overseas but have been habitually living in Australia, there will also be additional factors to prove to the Court.
Where there are children of your marriage, the Court will also need to be satisfied that parenting arrangements are in place or there are satisfactory steps being taken to satisfy the Court that the children’s welfare has been considered.
However, you can separate and proceed with a property settlement or making arrangements for your children without first obtaining a divorce.
In 2017, changes to the Marriage Act enabled same-sex couples to marry in Australia. These changes enabled same-sex couples living in Australia to also obtain a divorce in an Australian Court regardless of where their marriage originated.
At Dorter Family Lawyers & Mediators, our team of family law specialists are highly experienced and will handle your divorce efficiently and cost effectively.