In Australia, divorce occurs when the marriage has “irretrievably broken down”. Legally, no-one under the law is at fault. In order to qualify and be granted a divorce, you need to meet certain requirements of the Court. Once satisfied, an order of the Court will declare you divorced. For a divorce to be granted, there must be no likelihood of reconciliation. You also need to be separated for 12 months. In the eyes of the law it is possible for you and your spouse to be “separated under the one roof” and still satisfy the required 12 months. It is not required for both parties to necessarily agree with the divorce, however in this case, there will be further steps that will need to be taken. You will need to show that you have made appropriate arrangements for any children involved and their duty of care adhered to. In addition, there are financial arrangements that may need to be considered.
Please contact us if you are considering a divorce application or would like to know more about the processes and procedures.