(c) 2017-2019 by Joseph Petersen. All rights reserved.      Legal Notices and Disclaimers

Divorce

Further Information

Under Australian law, divorce is a different legal process from things like property settlement or parenting. Divorce is simply the end of being married.

Fault-based divorce was abolished in Australian in the 1970's. To obtain a divorce there must be have been (i) an irretrievable breakdown of your relationship, and (ii) you must have been separated for at least 12 months.

 

In some situations, it is possible to be separated "under the one roof", or that you reconciled for a short period of time; if you think this might apply to you, you may wish to obtain legal advice and we suggest you make an appointment.

Divorces are dealt with by the Federal Circuit Court of Australia. By law, the Court will not grant a divorce unless there are suitable arrangements in place for the children of any marriage. However, if all these requirements are met, divorce can be something which you can deal with yourself without needing the assistance of a lawyer. 

 

The Court has created its own "do it yourself" kit and you can apply online. The link is under the "Further Information" links above.

An important warning: If your spouse is a beneficiary under your Will, their entitlements cease upon your divorce. It is strongly recommended that you create a new Will after your separation or divorce.