Hi there. To apply for a divorce, you must complete an ‘Application for Divorce’ and file it with the Family Court or the Federal Circuit Court, together with the applicable fee. You can make an application on your own, or a joint application with your spouse. See the Family Court website for more information at www.familycourt.gov.au.

Australian law applies the principle of no-fault divorce. This means that a court does not need to consider why a marriage has ended. It is sufficient that the marriage has broken down irretrievably (i.e. there is no reasonable likelihood that the couple will get back together).

You need to have been separated for at least 12 months and one day in order to get a divorce. It is possible for you and your spouse to be separated but to continue living in the same home during the 12 months before applying for a divorce. This is known as ‘separation under the one roof’. If this applies to your situation, you need to prove to the court that you were actually separated during this time.

You and your spouse will need to each file an affidavit with your divorce application. An affidavit is a written statement prepared by you that provides evidence to the court. An affidavit must comply with strict legal requirements and witnessed by an authorised person, such as a lawyer or Justice of the Peace. Your affidavit will need to contain details about your separation under the one roof, such as changes in sleeping arrangements, reduction in shared activities, division of finances, etc. You will also need to explain why you continued to live under the one roof and whether any special parenting arrangements were put in place for your children.

If you have children under 18 years, and you make a sole application, you will have to attend court to obtain the divorce. This is to ensure that proper parenting arrangements have been made for your children. If you make a joint divorce application, you will not have to attend court, even if you have children under 18 years.