Divorce in Australia is based on a “no fault” principle. The only ground for divorce in Australia is “irretrievable breakdown” of the marriage which is defined as a 12 month separation where there is no likelihood of reconciliation. It is possible for you and your spouse to be “separated under the one roof” and still satisfy the required 12 months separation.

A divorce does not resolve children’s arrangements or property matters. You need to make those arrangements separately. However, you need to show in a divorce application that you have made appropriate arrangements for the welfare of the children.

In addition to taking legal advice on your divorce, it is critical that you also take legal advice on the effect your divorce will have on the time limit for your property settlement as well as a spousal maintenance claim and your Will.

We are able to assist you with and advise you on making or responding to an application for divorce as well as advising you on the steps you need to take to protect your interests considering the far reaching legal consequences of divorce.