Divorce means formally ending a marriage.

Australia has a “no fault” divorce system which means that it is not necessary to prove some sort of wrongful action or circumstance to obtain a divorce, but instead all that needs to be proved is that there has been an irretrievable breakdown of the marriage.

Married couples cannot apply for a divorce until they have been separated for a period of 12 months. It is generally possible to obtain a divorce even if your spouse is overseas.

There are other conditions and limits on being able to apply for a divorce, about which our specialist family lawyers can advise you.

It is also important to remember that once a divorce order has been made, you have a period of 12 months from the date of that order to make an application to the Court for property settlement. That period can be extended in certain circumstances but it is not guaranteed that the Court will grant an extension.