What is divorce?
Divorce is the dissolution of marriage. Australia has adopted a no-fault system. The only requirement to file for divorce is the irretrievable breakdown of the marriage, which is supported by the husband and wife having been separated for at least 12 months with no likelihood of getting back together.
To apply for a divorce, you or your husband or wife must have been separated for twelve (12) months and fit one of the following:
(1) being an Australian citizen;
(2) lives in Australia for at least 12 months immediately prior to the filing of the divorce; or
(3) regards Australia as your permanent home (this should still be accompanied by proof that you have been living in Australia for at least 12 months).
If the divorce is not opposed and there are no disputes about the children, we can offer you our services.
Children and Property
The divorce does not address issues relating to children or property. These arrangements must be made separately. However, the Court must be satisfied that proper arrangements is made for the care and welfare of the children. The Court will ask about:
(1) where do the children live and who do they live with
(2) how are they financially supported
(3) information about their health and education
The Court can reject a divorce application if it is not satisfied that proper arrangements had been made for the children.
This is a separate process from that of divorce. You can apply for a property settlement order before or after filing the divorce. Please note that if it is filed after the divorce, it should be filed within 12 months from the date when the divorce was granted.
How long will it take?
We can complete the filing of your application for divorce within 48 hours (2 business days) provided you can provide us with the documents that we need to complete the filing. However, the Court process may take two to five months depending on the Court’s available hearing dates.
Divorce is a national process. It is the same for all states and territories (NSW, QLD, VIC, TAS, ACT & NT) . You can use our service of online divorce no matter where you live in Australia