Divorce

Publish Date 03 September 2004 

You can only apply for divorce under Australian Law after you have been separated for a period of at least one year. In 1976, the Family Law Act established a "no-fault divorce" system in Australia. This means that only ground required for divorce is that the marriage has broken down irretrievably- whom is to blame is irrelevant. If there are children aged under 18, the Court can only grant a divorce if it is satisfied that proper arrangements have been made for the welfare of those children.

If you only wish to settle property and financial issues and/or child arrangements, it is not obligatory to apply for a Divorce. You do not have to wait for a year before dealing with property and child issues as a Divorce is a separate independent Court Case.

A Divorce Decree, once granted at the Divorce Hearing, does not become final until one month and one day after the Divorce Hearing and you should not finalise any arrangements to remarry until the Court has fixed the date on which the divorce is to become final.

The law only requires one party to the marriage to apply for a Divorce and, even if the other party objects, the Court will grant the Divorce as long as there is evidence of a one year separation and proper arrangements having been made for the welfare of the children. Subject to proof of separation, it is sometimes possible to obtain a Divorce if there has been a separation under the one roof.

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