There is no need to provide any reasons for divorce other than that the relationship has broken down irretrievably. If you’ve been separated for more than 12 months the court takes this as evidence of the fact, and even if you still live under the same roof you can still obtain a divorce provided you swear to the separation in your divorce application.
Who can apply?
It only takes one spouse to be of the view that the marriage has a broken down permanently and that there is no reasonable likelihood of resuming married life. If the requirements of a divorce order are met, either party may apply. If however both spouses wish to be divorced, they may apply for a divorce order jointly.
There are different procedures involved if applying for a divorce on your own, or with your spouse. The positives and negatives of the different procedures will be discussed with you at your appointment.
What do I need to apply?
You will need your marriage certificate, identification, and proof of citizenship (if you were not born in Australia).
What about the children?
The court needs to be satisfied that there are ‘proper arrangements’ for your children before a divorce will be granted, but will not expect that you have a formal agreement in place.
How long does it take?
When you lodge your application the court will advise the date of the hearing, usually within 2 – 3 months. The hearing is not long and you may not need to attend. The divorce order becomes final in one month and one day from the date of the hearing, provided it is granted.