Divorce or Separation from your partner can be an extremely traumatic experience, not only for the parties involved but also for any children of the relationship. It is essential that your family law representative understands your situation and provides you with clear practical advice.
In Australia, under the Family Law Act there is a no fault system of divorce. This means that the Court does not need to consider which party was at fault in the marriage breakdown. To be able to apply for a divorce, you need to be separated from your spouse for not less than 12 months prior to the date that you file your Application for Divorce. A divorce application is filed in the Federal Magistrate’s Court of Australia. If there are children of the marriage then before granting the divorce application, the Court must be satisfied that proper arrangements have been made for the children.
In any divorce application you will need to prove that: