Divorce

Divorce

You are able to apply for a divorce 12 months after you have separated.

The law considers that a married couple have separated when one partner has communicated to the other that the relationship has ended or when both partners communicate this at the same time. Often separation involves one partner leaving the family home, but sometimes partners can be separated and still be living under the one roof.

Divorce is the formal end of a marriage.  It is separate to dealing with the division of property or working out arrangements for children. Divorce can occur before or after a property settlement.  

Criteria

To apply for a divorce, you must be separated for at least 12 months .  Once this time has passed you can lodge an application with the Court.

You can apply for a divorce in Australia if either you or your spouse can answer yes to one of the following:

  • Are an Australia citizen by birth, descent or grant of Australian citizenship; or
  • Regard Australia as home and intend to live in Australia indefinitely; or
  • Ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.

Children

If you have children, the Court needs to be sure that proper arrangements for their care are worked out before a divorce is granted.

Court Hearings

Depending on your circumstances, you may be required to attend court for the divorce hearing. If this is necessary, we can help you with this process and appear in court for you.

Frequently Asked Questions

To read Frequently Asked Questions about Divorce, click here.

How can we help you?

We regularly help clients in relation to their divorce from providing formal notification confirming the irretrievable breakdown in the relationship through to applying to the Court for divorce.

Contact Us

For more information about divorce applications, call us on 08 8523 8400 or email us at legal@rudalls.com.au.

 

Blogs

"Divorce FAQs #3" by Troy Roulstone (15/02/2016)

"Ashley Madison" by Troy Roulstone (27/08/2015)

"Divorce FAQs #2" by Troy Roulstone (06/05/2015)

"Marriage, Divorce, Division and Death" by Megan McFarlane (10/03/2015)

"Divorce FAQs #1" by Troy Roulstone (23/02/2015)

"Divorce Hotel" by Troy Roulstone (17/09/2014)

Call us on 08 8523 8400