Where there is an irretrievable breakdown of a marriage, parties can apply for a divorce. An application for divorce is available 12 months after the date of separation. The Court must be satisfied that you and your partner have lived separately for a continuous period of 12 months and are unlikely to resume cohabitation.

Separation is effectively the breakdown of a marriage; therefore, it does not need to be a physical separation on individual premises, but it does mean a significant change to the normal married behaviour of a couple.



There are 3 grounds for contesting a divorce:

1. There is a reasonable chance that you and your partner will resume married life together.
2. The required 12-month separation period has not occurred prior to the divorce application.
3. The marriage was not valid.

If you have been married for less than 2 years, you and your partner must attend counselling with an approved family counsellor and seek a certificate of attendance. Alternatively, you must seek permission from the court to apply for a divorce without a certificate of attendance. 

If there are children under the age of 18 to the relationship, Court Orders must be underway before a divorce application will be approved.

You and your partner can apply for a divorce so long as one of the parties is an Australian citizen, lives in Australia, usually resides in Australia, and has been living in Australia for the period preceding the divorce application.

If the court grants a divorce order, the order becomes final 1 month and 1 day after it is made. A certificate of divorce is sent to you and your partner.

We stress to our client that it is important to review your Will once your divorce is finalised.

Please contact our office if you wish to make an appointment with one of our family law lawyers.