Obtaining a Divorce

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 Circuit 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:

• you were married;
• you have been separated for at least 12 months and 1 day;
• your marriage has irretrievably broken down and there is no reasonable likelihood that you will get back together; and
• you or your husband or wife are Australian residents or citizens and regard Australia as your permanent home.

You can apply for a divorce on your own or jointly with your husband or wife.

At Bateman Battersby Lawyers Penrith, our experienced team can assist you with all aspects of your claim including:

• providing advice on your divorce application;
• making an application and appearing if necessary in the Federal Circuit Court.