Since 9 December 2017, the right to marry in Australia has no longer been determined by sex or gender. Marriage is defined as “the union of 2 people to the exclusion of all others, voluntarily entered into for life”.
The only ground for divorce in Australia is that the marriage has broken down irretrievably. This means there is no reasonable likelihood that you and your spouse will resume the relationship.
To apply for divorce, you must be married and must have been separated for at least 12 months and one day. Separation may occur even if some, or all, of that period has taken place while living under the same roof. Your application may be made either as sole or joint application. Application fees apply.
After separation, it is not always necessary for one party to move out of the matrimonial home. Practical, financial, religious or cultural circumstances may mean that a couple continues living in the same house for days, weeks, months or longer after separating.
Where separation has occurred under one roof, evidence may be required to show that the relationship had ended. This evidence may include:
If there are children under 18 years of age, you will also need to demonstrate that proper arrangements have been made for their care.
Gerard Kell & Co can assist you during divorce, which can be one of the most emotionally and financially difficult experiences a family may face. We can act as negotiators or mediators, and help you approach issues rationally and within the law, with the aim of resolving the matter fairly and, where possible, without going to court. We can also assist you with making your divorce application.
If you or someone you know would like more information, help or advice about divorce, spousal maintenance, changing your will after separation or divorce please contact Gerard Kell & Co on 0412 4242 38 or email us at [email protected].
Disclaimer: The information on this page is provided for general information purposes only and does not constitute legal advice. For advice specific to your circumstances, please contact us directly or obtain independent legal advice from another qualified legal professional.
Gerard Kell & Co acknowledges the Traditional Owners and Custodians of Country throughout Australia, and their continuing connection to land, waters, and community. We pay our respects to First Nations peoples, cultures, and Elders—past, present, and future—and extend that respect to all Aboriginal and Torres Strait Islander peoples.
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