DIVORCE
Divorce is the dissolution of a marriage. Australia has ‘no fault’ divorce meaning there is only one ground for divorce, being the irretrievable breakdown of marriage as evidenced by 12 months of separation between the parties to the marriage.
SEPARATION
Separation does not mean physical separation but the breakdown of the matrimonial relationship and can occur when one or both spouses form the intention to sever or not resume the matrimonial relationship and act on that intention. Separation can occur under one roof.
DIVORCE APPLICATION
A divorce application can be made to the Federal Circuit and Family Court of Australia where the applicant must prove:
- the marriage,
- the irretrievable breakdown of the marriage, and
- if there is a child under 18 years, that there are proper arrangements for the child.
The applicant must also prove that the Federal Circuit and Family Court of Australia has jurisdiction and that the Divorce application has been served on the Respondent.
WHO CAN FILE A DIVORCE APPLICATION
An application for divorce can be filed if either spouse is:
- a citizen of Australia, or
- domiciled in Australia, and ordinarily resident in Australia and has been so resident for at least one year before filing the application, and
- the parties have lived separately and apart for a period of at least 12 months at the time of the filing of the application and there is no reasonable likelihood of a reconciliation.
Once the divorce application has been filed, a sealed copy must be served on the Respondent at least 28 days prior to the hearing.
For a consultation with a Family Lawyer, call AMA Legal on (02) 8610 3764.
