“I want a divorce, how can I get it?”
In Australia we have a no-fault divorce.
The only criteria for a divorce are:
- The marriage has broken down and there is no likelihood of reconciliation; and
- The parties have lived separately and apart for 12 months from the date of separation.
Any application for divorce must occur at least 12 months and one day after the date of separation. It must be shown that either one or both parties have communicated to the other that the marriage is over completely with no intention to resume the marriage and their actions post-separation confirm that decision. A divorce application may be made either jointly or singly. If the marriage is less than 2 years duration they must have attended marriage counselling or seek court permission to apply.
Section 49(2) of the Family Law Act states:
“The parties to a marriage may be held to have separated and to have lived separately and apart notwithstanding that they have continued to reside in the same residence or that either party has rendered some household services to the other.”
When couples separate under one roof the court and make a joint application, the court will require sworn statements from both parties or from the applicant for a single application. It is also helpful if a third party is able to provide a supporting sworn statement. The statements should address the following:
- When did the marriage break down;
- What changes have been made to their living arrangements;
- Evidence of their separate lives;
- What are the reasons for continuing to live together;
- How were children and relatives informed of the separation and how has relationships; and
- Other matters that evidence the severing of the relationship.
To be eligible for a divorce in Australia, an applicant must reside in Australia and have done so for at least 12 months before filing. I hope this outline is of assistance, I have successfully assisted many clients whose situation has required affidavits for the court due to special circumstances. If you need a family divorce lawyer I can be of service to assist you or anyone you know, please contact me.