What is divorce?

In Australia, “fault” is not needed to be entitled to a divorce. A divorce, in Australia, is granted by the issue of a “divorce order”.

Divorce is the legal status of ones relationship. It is not necessary to have a divorce order in order to finalise parenting or property disputes, and vice versa.

when can i get divorced?

To be entitled to a divorce order, a party must show that the marriage has broken down irretrievably. This is proved by establishing that the parties have been separated for a period of 12 months or more prior to the signing of the Application for Divorce.

Other rules apply for couples who have separated but who have continued to live under the one roof or have been married for less than two (2) years.

how do i apply for a divorce?

An Application for Divorce can be either a Joint or Sole Application, namely you can file an application with your ex partner or by yourself. Whether you will need to appear in court for the application will depend on a number of circumstances.

Once the court makes a finding that all requirements for a divorce are satisfied, the court will grant a divorce. A divorce becomes final and binding when a divorce order issues which is one month and one day from the date the divorce was granted, or such other time as ordered by the court.

At McAdam Family Law on the Gold Coast we provide advice and assistance in relation to all aspects of divorce and separation. If you require assistance in relation to issues associated with divorce and separation contact McAdam Family Law on the Gold Coast today to organise a consultation.