What you need to know about: DIVORCE

This is part of an information series to provide simple, easy-to-understand guidance for dealing with family law matters when a relationship breaks down. For more information or the help of a specialist family lawyer, please contact Watts McCray Family Law.  

What is divorce?

Divorce officially ends a marriage. When a couple has been separated for at least 12 months, either member of the couple (or the couple acting jointly) can file a Divorce Application with the Federal Magistrates Court of Australia.  If they meet the criteria, a divorce will be granted, and this dissolves the marriage.

What requirements do I need to meet before I can get a divorce?

For a divorce to be granted, a couple has to prove to the court that their marriage has broken down irretrievably as shown by the period of separation. Separation occurs when one spouse decides that the relationship is over, communicates this to the other partner, and acts upon that communication such that the hallmarks of married life disappear.  In most circumstances, this involves one party moving out of the family home.  In other circumstances, separation can occur with the parties still living under the same roof.

On what grounds can I file for divorce?

The Family Law Act of 1975 introduced a ‘no-fault’ clause for divorce. This means that for a couple to get a divorce, they do not have to prove that either party was at fault. The reasons for a divorce are not relevant when financial or property settlements are being decided.

There is a common misconception that because the action or behaviour of one spouse might have been the root cause of the relationship break down, the other spouse will get some form of compensation or reparation when property settlements or child support arrangements are being decided. This is not the case.

A couple only needs to prove that their marriage has broken down irretrievably and that they have been separated for a minimum of 12 months.

How do I apply for a divorce?

To apply for divorce, an Application for Divorce must be filed with the Federal Magistrates Court of Australia. Supporting documents, such as a marriage certificate, will have to be submitted as well. This application can be a joint application, or one party can submit an application that will then be served to the other party.

How long does divorce take?

The whole divorce process generally takes 3-4 months, but timeframes will vary depending on the circumstances of different couples.

What about my children and the division of our property and finances?

Divorce is a completely separate legal process to parenting arrangements and property and financial settlements. Divorce officially ends a marriage, but parenting arrangements, child support and financial settlements are decided through separate legal processes. Making such arrangements is generally more complicated than finalising a divorce and it can be a good idea to seek legal advice to make sure you’re aware of your legal rights and responsibilities.

Experienced divorce lawyers at Watts McCray can answer any further questions you have regarding divorce, as well as other Family Law considerations such as parenting arrangements and property settlements.

For simple divorce cases, please use our fast and convenient online divorce application at www.divorce.com.au.

Have you been through the divorce process? Do you have any tips for others in a similar situation?