When can I apply for a divorce?
Either party to a marriage (or both together) can make a divorce application once they have been separated from their spouse for a period of not less than 12 months. The basis of seeking a Divorce is that the marriage has broken down irretrievably.
How do I apply for a divorce?
Applications for divorce are brought in the Federal Magistrates Court of Australia. There is a filing fee payable to the Court when filing an Application for Divorce. In most cases, it usually takes about three months for a divorce to be finalised from the time of filing.
What happens to my children?
If there are children, the Court must be satisfied that they are being properly cared for, and the arrangements made for the children are satisfactory. When is my divorce legal? Once granted by the Court, a Divorce Order takes effect, and is therefore final, one month after the Court makes the Divorce Order – unless there are special circumstances to vary this.