Australia has a ‘no fault’ divorce system, which means that courts do not allocate blame to any party for the marriage breakdown. In Australia , you can only apply for a divorce in the case of an ‘irretrievable breakdown of marriage’ and after you have been physically separated from your spouse for a period of at least 12 months.
In your divorce application, you need to show that the marriage has broken down and that there is no reasonable likelihood that you will get back together.
If you wish our firm to represent you in your divorce proceedings we are able to give you an approximate cost for this which is separate from your property and children’s issues. The date of separation needs to be agreed to for the divorce to be finalised. We ask that you confirm the date of separation in your first interview.
An application for a divorce is an entirely separate application from, for example parenting or property issues.
