Frequently Asked Questions
How long must I be separated before I can apply for a Divorce?
You can only apply for divorce in Australia after you have been separated for a period of twelve months. If you have been separated, but reconciled for three months or more, then the twelve month period starts after the reconciliation. You are required to tell the Court if you have reconciled and the dates of reconciliation.
Will the Court need to know why I wish to divorce?
No. Family law in Australia is no longer fault based and so the reason for the separation will not be relevant.
What happens if my spouse wants to oppose the divorce?
Your spouse must file a Response to your application and then serve the Response on you before the hearing date and you both must attend the hearing. If a Response is filed, the Court might not grant the divorce application at the first hearing and is likely to require you both to give evidence at a further hearing.
What happens if there are children of the marriage?
Where there are children of the relationship under the age of eighteen the court will not grant a divorce unless proper arrangements have been made for their care, welfare and development and those arrangements have to be explained to the Court.