To formally end your marriage, you need to apply to The Family Court of Australia or The Federal Magistrates Court of Australia for a divorce.

Preparation of divorce papers
You may prepare your divorce papers and go to Court yourself or contact Caroline Chung and she can help you. If you are handling your own divorce, you should not assume that the divorce will be granted at the first hearing at Court. So it is unwise to make arrangements, for example – to remarry, until you know your divorce is finalised.

Reasons for divorce
Under the Family Law Act, the Court has to be satisfied that your relationship has broken down irretrievably and that you have been separated for twelve (12) months before filing an Application.

Parenting arrangements
Where there are children under the age of eighteen (18) years, you may need a solicitor to appear in Court for you as the Court will not grant a divorce in Australia unless it is satisfied that appropriate arrangements for any children are in place.

Granting of a divorce
If the Court agrees to grant the divorce, after one (1) month and one (1) day the divorce becomes final unless within this time an appeal or an application to rescind has been filed because you have reconciled or your husband or wife had died. This period can be reduced but only in special circumstances.

Please contact us if you have any legal questions about divorce.