Divorce Fact Sheet

Getting a divorce is a simple procedure. You have to show that your marriage has “broken down irretrievably”. Divorces are heard by the Federal Magistrates Court (as opposed to the Family Court).

This is done by:

•  Having lived separately and apart for at least twelve months; and

•  There being no reasonable likelihood of getting back together.

In some cases you may continue living in the same house but still be regarded as legally separated.

If you separate, resume your marriage and separate again, you can commence the calculation of the twelve months separation period from the beginning of the first separation period as long as there is only one resumption period of up to three months (but the resumption period cannot be included in the twelve months).

Two important points to bear in mind:

•  The only reason you must get a divorce is if you want to remarry;
•  Everything else arising from your separation, such as orders regarding children, child support and property are usually completely separate from the divorce proceedings (with the exception that court proceedings for property settlement and/or spouse maintenance need to be commenced within 12 months of the divorce becoming final. Outside of this period you need to seek special leave from the Court to proceed with a case for property settlement and/or spouse maintenance).

Where there are children under eighteen years of age you generally have to show the Court that “proper arrangements” have been made for them. For example, their living arrangements are satisfactory, that the parent with whom the children are not living is spending time with the children.

When Divorce is Final

The divorce is not usually final at the Court hearing. If the Court finds that the separation requirements are met it grants the divorce but this does not usually become final until one month and one day after the hearing. You cannot marry until the divorce becomes final.

Your Will

The changes in your circumstances brought about by your separation means that reviewing your Will is essential. If you don’t have a Will, now is the time to make one. In either case you will need to see your solicitor ... no matter how much or how little you have.














Disclaimer - This article is offered for general information purposes only. It is not offered as and does not constitute specific legal advice or opinion. The accuracy of the information is not guaranteed. You should not act or rely upon any of the information contained within this article without seeking the advice of a qualified solicitor who specialises in the particular area of expertise and jurisdiction that you require.