The breakdown of a romantic relationship is by no means uncomplicated, there are often many methods involved when there is a breakdown of a marriage which includes residence problems, young children and divorce. In Australia, a divorce may perhaps be acquired in possibly the Spouse and children Court of Australia (if you reside in Western Australia) or in the Federal Circuit Courtroom of Australia.

The Family members Regulation Act 1975 proven the principle of ‘no-fault divorce’ which means that the Court docket does not take into account why the relationship finished, nor is a explanation demanded to be given. The only floor for divorce is that the relationship has irretrievably broken down with no likelihood of reconciliation. This is proven by the necessity that the events ought to have been separated for at minimum 12 months ahead of filing a divorce software

Divorces are a formal conclude to a marriage. When get-togethers very first independent, there is practically nothing that requirements to be performed formally for the purposes of a divorce. To utilize for divorce in Australia, the functions need to have effected a ultimate separation 12 months previous the filing of the divorce software, there will have to be no prospect of reconciliation and selected lawful requirements needs to be achieved, these being:

1. That both the human being making use of for the divorce or their partner have to regard Australia as their house and intend to live in Australia or
2. That both the person making use of for the divorce or their partner are an Australian citizen by beginning, descent or by a grant of Australia Citizenship or
3. Ordinarily live in Australia and have so for 12 months instantly right before the submitting of the divorce.

Divided Underneath THE A single ROOF

In present-day recent assets sector, it is understandable that people can’t generally immediately shift out of the home thanks to their funds or the point that they desire to stay living in the previous matrimonial property to care for their children. This does not preclude someone from applying for a divorce, nonetheless does indicate that more evidence will need to be place ahead of the Court docket to fulfill that the functions had been in fact separated and major independent lives notwithstanding that they occupied the exact same roof.


Commonly, until there are extenuating situations, if parties have been married for much less than two years, they must deliver supplemental data and undertake counselling and file a counselling certification. Counselling can be arranged by way of the Household Relationship Tips Line. If a get together is fearful of their security or are truly unable to go to counselling thanks to a single bash becoming lacking or abroad, then an affidavit will will need to be filed with the Courtroom.


Locale weddings are becoming more and extra well-known with several men and women selecting to go abroad to appreciate their wedding day. Just because a marriage ceremony happened abroad, would not suggest that the divorce can not be filed in Australia. As stated over, if the get together applying for divorce or the husband or wife regards Australia as their dwelling and intend to live right here indefinitely or are an Australian citizen by delivery or descent, are an Australia citizen by grant and ordinarily reside in Australia and have done so for 12 months instantly prior to filing for divorce, then a divorce can be used for in Australia.

A copy of the marriage certification will be demanded as with domestic weddings. In the party that this certificate is not published in English, the bash implementing will have to have an English translation of it and an affidavit from the translator.


If the divorce was applied for overseas, Australia will recognize the divorce if it was effected in accordance with the laws of that state.


If parties have been separated for a lot more than 12 months, the opportunity to oppose the divorce software is considerably lessened. A get together are unable to object to a divorce software basically on the foundation that they do not want to be divorced. There are two main reasons that a divorce application can be opposed to, remaining:

1. The separation has not been for a period of time of 12 months or far more as alleged in the application or
2. That the Court does not have jurisdiction to offer with the divorce software.

If a divorce is opposed to on the previously mentioned grounds a Response to Divorce document will have to have to be submitted with the Courtroom outlining the explanations for the opposition and the orders sought and the opposing celebration will want to be present at Court when the Divorce is mentioned.

Residence AND Kids Difficulties

Even though a social gathering are unable to utilize for a divorce until they have been separated for a period of time of 12 months or additional, events are equipped to start out negotiations in relation to property challenges and the preparations for their little ones at any time next their separation. Due to the size of time that get-togethers have to hold out ahead of they can file for a divorce, lots of difficulties pertaining to young children and home are settled prior to the divorce software getting submitted.

At the time a divorce turns into last, parties will have to commence house or spousal routine maintenance proceedings in 12 months. If residence proceedings are introduced ‘out of time’ the social gathering bringing all those proceedings will require depart from the Courtroom and must present that they will experience hardship if these depart is not granted.

In regards to small children, the Courtroom should be satisfied that there are good arrangements for the small children in position. This does not imply that people preparations need to be formal or that there is no dispute, somewhat the Court docket must be satisfied that the little ones are being cared and furnished for appropriately.