How do I apply for a divorce?

In Australia the Family Law act operates on a “no-fault” basis which means that you do not have to prove that one party is at fault in the breakdown of a marriage – you just need to show that the marriage has broken down irretrievably and that you have been living apart for 12 months or more.

Once the 12 months has expired you can lodge an Application for divorce with the Federal Circuit Court and the hearing usually takes place 6-8 weeks after the Application is lodged. Before granting the divorce, the Court must be satisfied that proper arrangements have been made regarding the welfare of any children from the marriage, including living arrangements, access, education and financial support.

The Court does not automatically divide any property or financial assets. This is undertaken during a property settlement.