REQUIREMENTS FOR DIVORCE
In order to obtain a Divorce, the legal ending of marriage, an application needs to be filed at the Federal Circuit Court of Australia. In Australia, Divorce will be granted where the Court is satisfied that there has been an ‘irretrievable breakdown of the marriage’. This is demonstrated by you and your partner living separately and apart for 12 months with no possibility of reconciliation.
It is possible to live separately and apart under the same roof so long as the Court is satisfied that the nature of your relationship with your partner has changed. Supporting affidavit material will need to be filed in conjunction with the Divorce Application if it is claimed that any part of the 12 month separation period was under one roof.
No fault divorce
Divorce in Australia is not based on either spouse establishing fault causing the marriage breakdown.
Where the marriage lasted for less than 2 years, marriage counseling is required to explore prospects of reconciliation. It is necessary for an applicant who has been married for less than 2 years to attach a Counseling certificate to their Divorce Application.
Where there are children of the relationship, the Court needs to be satisfied that there are proper arrangements in place for the children. Therefore if at the time of the Divorce hearing, there are inadequate care arrangements for the children the application will be adjourned until the matter is resolved.
how much does divorce cost?
Divorce is relatively inexpensive
Compared with litigation (ie. legal proceedings involving property and/or parenting), filing the application for divorce is usually a straight forward and affordable exercise. At Bainbridge Legal, we can typically offer clients the option of fixed fees for divorce applications so you can be certain about the extent of your legal fees going forward.
Divorce is separate from property settlement or parenting arrangements. That is, simply because a Divorce has been granted, it does not mean that there is automatically resolution of these other matters.
Time limits do apply for commencing proceedings for property division. Once the divorce is finalised, you have 12 months to apply for property settlement. After that time limitation has expired, you may only commence proceedings with leave of the court.