Divorce

In Australia, we have a ‘no-fault’ divorce system. This means that the Courts are not concerned about who caused and the circumstances of the relationship breakdown.

You do not need the other person’s permission or acknowledgment to separate from them. Separation has occurred when one person informs the other person of their intention to separate. This could be as simple as telling the other person, “I would like to separate”.

It is possible for you and your ex-partner to be separated whilst living under the one roof. If you apply for a divorce at a later time, you and your ex-partner may be required to file an affidavit proving that you were separated despite still living together.

The date of separation is important for the purposes of applying for a divorce or a property settlement.

In order to apply for a divorce, you must be separated from your ex-partner for at least 12 months. You do not need your ex-partner’s consent to apply for a divorce.

If you and your ex-partner both agree to divorce, you can apply as joint applicants. You will both need to sign the divorce application, but neither of you will need to serve the divorce documents on the other. You also do not need to attend the divorce hearing, unless you want to.

If your ex-partner does not agree to apply for a divorce, you can still apply on your own. You will be the sole applicant and your ex-partner will be the respondent. You will need to serve your divorce documents on your ex-partner and if there is a child of the marriage under 18 years of age, you will be required to attend the divorce hearing.

If you’re considering separation or would like to apply for a divorce, book a free 10 min chat and we can talk you through the next steps.

Our fixed fee pricing for divorces is available here.