There is essentially one substantive ground for a divorce and that is that the marriage has irretrievably broken down. This is established if parties are separated, and they have lived separately and apart for a continuous period of not less than twelve months.

You can be separated under the one roof during that time, or for part there-of. Additional evidence is needed if this is the case.

You will need to obtain advice if it is less than two years between the date of your marriage and your divorce as there are additional requirements to be met in those circumstances.

An application needs to be completed and filed with the court online on the Commonwealth Courts Portal. The court will allocate a date for a divorce hearing approximately six weeks after the application is lodged. If it is an application by one party alone (that is, not a joint application), then the application needs to be served on the other party.

If there are no children under the age of 18 or you are making a joint application, it is usually not necessary for either party to attend the divorce hearing. If there is a child under 18 and if the application is by one party alone, then one or other of the parties will need to attend.

Approximately one month and one day after the hearing date a Divorce Order will be issued by the Court. It will then be sent to each of the parties.

Once you are divorced you have twelve months to seek a property settlement and/or a spouse maintenance order from the court, without requiring the court’s leave to bring an application.

You should not let twelve months pass after your divorce without obtaining advice. You should do this well before the expiration of the twelve month period.

This is general information only. It is not intended to be legal advice. You should obtain legal advice in relation to your individual circumstances.