Australia has a ‘no fault’ approach to divorce, which means that you do not need to prove to the Court that the other person did something which caused the breakdown of the marriage.  When considering a divorce application, the Court needs to only be satisfied that the eligibility criteria are met (see below).

 It is important to know that a divorce does not determine your financial settlement or arrangements for your children, it is purely the act of ending the marriage. A financial settlement and arrangements with respect to your children will fall outside of the divorce application.      

The Federal Circuit & Family Court of Australia grants your Application for Divorce.

You can apply for a divorce once you become eligible, and you don’t need the other person’s consent. 

Divorce Lawyers Melbourne

There are several reasons you might need to obtain legal advice for completing your Application for Divorce, they include:-

• If you need help completing your Application for Divorce;

• If you are unsure if you are eligible to apply for a divorce.

• If there are children of the marriage under the age of 18 years, when considering an Application for Divorce, the Court must be satisfied that there are appropriate arrangements in place for the children of the marriage;

• If you have been married less than 2 years;

• If you and your spouse were separated, but living under the same roof;

• If you are unable to locate your spouse;

• If you were married overseas, or your marriage certificate is not in English;

• If you are currently living overseas.

If you wish to discuss the first steps to divorce you can call us for a free initial 30-minute consultation. We have a team of specialists in family law who can assist you by applying for the divorce and undertaking all necessary work to obtain the divorce on your behalf.

 To make a booking for a free initial consult call 03 9596 0222 or get started online.