It is often thought that the first process to be undertaken after separating from a married spouse is “the divorce”. A divorce is simply the process by which a legal marriage is dissolved and does not relate to orders or agreements in relation to property settlement or in relation to children. It is for that reason that parties often resolve financial and parenting issues before applying for a divorce.
Fortunately, the process of applying for a divorce is straightforward and all divorce matters and hearings (if required) are conducted virtually.
In Australia, you can apply for a Divorce if you can satisfy the Court that you and your spouse have lived separately and apart for at least 12 months, and your relationship has irretrievably broken down. There is no need for either party to establish that the other is at fault in order to be granted a Divorce.
Our family law team can assist you in preparation of the Divorce Application and, if required, can attend court on your behalf.