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Australia has a No-Fault Divorce System

Australia has a no-fault divorce system which means that so long as certain conditions are met, any married person can apply for a Divorce either by themselves or jointly with their former spouse.  The court will consider factors such as the length of the marriage, the length of separation, and any children of the marriage and service of the application before issuing a divorce order.  The court must be satisfied that the marriage has broken down irretrievably and that the married couple has been separated for at least 12 months before it will grant a divorce. If you don’t agree with a Divorce application you can respond to it and potentially stop a divorce order being made.

FAQs

When can I get a divorce ?

You can file a Divorce application once 12 months from the date of your separation expires.

How long does a divorce take?

If the application and service have been completed properly the divorce order will be made in approximately two months.

What are the grounds for divorce?

Australia has a no-fault divorce system which means allegations of impropriety are not grounds for a Divorce.

A Divorce will be granted when a marriage has broken down irretrievably and you have been separated for more than 12 months.

If there are children of the relationship, proper arrangements have to be made for them before a Divorce is granted.

When can I remarry?

Once divorced you can remarry as soon as the divorce order becomes effective which is one month and one day from the date the Order was made. In order to avoid a costly separation in the future, it is advisable to enter into a financial agreement (pre-nup) to protect what you are left with from your first marriage.

Can I get divorced in Australia if I was married overseas?

Yes, as long as you live in Australia you can apply to the Australian family law courts for a divorce.  If your marriage certificate is in a different language you will need to provide a translated copy to the court.

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Australia has a no-fault divorce system which means that so long as certain conditions are met, any married person can apply for a Divorce either by themselves or jointly with their former spouse.

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