Divorce

A divorce is the official legal ending of a marriage.

Getting a Divorce Order from the Court means that your marriage has formally ended and you can remarry.

You do not have to prove “fault” in a divorce application. The only ground for divorce is the irretrievable breakdown of the marriage, and this is proved by showing:

  • that you have been separated for a period of at least 12 months immediately before you ask for the divorce, and
  • there is no chance of reconciliation (or getting back together as husband and wife).

Some people confuse a divorce with a property division or childrens arrangements, however they are all quite different.

You have to be separated for 12 months before you can apply for a divorce but this does not stop you from starting a property settlement as soon as you break up.

Both the Federal Circuit Court and Family Court websites have lots of helpful information for separating families, including a copy of the useful Marriage, Families and Separation brochure.

You can find a “Do it Yourself Kit” for divorce on the Federal Circuit Court website which you can download here.

Differences between states

Northern Territory

Relationships Australia provides relationship support services, including counselling services for divorcing/separating couples, and Family Dispute Resolution services.You may also want to call the Family Relationship Advice Line on 1800 050 321, a service that provides assistance for families affected by relationship or separation issues. For legal advice regarding separation or divorce, you can contact the Central Australian Women’s Legal Service on 1800 684 055.Depending on where you live, alternatively you could contact the Katherine Women’s Information and Legal Service on 08 8972 1712 or 1800 620 108 or the Top End Women’s Legal Service on 08 8982 3000 or 1800 234 441.

ACT

See the Department of Human Services Support Services for Separated Families.

The Family Relationship Advice Line on 1800 050 321 provides assistance for families affected by relationship or separation issues.

For legal advice about separation and divorce you can contact the Women’s Legal Centre or Legal Aid ACT.

Western Australia

Even if you plan to do your divorce application yourself, it is always a good idea to get some legal advice. You can contact Women’s Law Centre or Legal Aid WA for advice, information and referrals.

NSW

Even if you plan to do your divorce application yourself, it is always a good idea to get some legal advice. You can contact Women’s Legal Services NSW, Legal Aid NSW or South West Sydney Legal Centre for advice, information and referrals.

Victoria

Even if you plan to do your divorce application yourself, it is always a good idea to get some legal advice. You can contact Women’s Legal Service Victoria or Victoria Legal Aid for advice, information and referrals.

South Australia

For legal advice about separation and divorce you can contact the Women’s Legal Service South Australia on 08 8221 5553.

Tasmania

Even if you plan to do your divorce application yourself, it is always a good idea to get some legal advice. You can contact Women’s Legal Service Tasmania or Legal Aid Commission of Tasmania for advice, information and referrals.

Queensland

Even if you plan to do your divorce application yourself, it is always a good idea to get some legal advice. You can contact Women’s Legal Service Queensland or Legal Aid Queensland for advice, information and referrals.