Divorce

A divorce is the formal legal process that brings a marriage to an end. In Australia, a divorce is granted by the Federal Circuit and Family Court of Australia when the Court is satisfied that the marriage has broken down irretrievably. This is generally established by the parties having been separated for at least 12 months.

If you are ready to apply for a divorce but your former partner is not making the application with you, you can make a sole application for divorce. You do not need your former partner to agree to the divorce or sign the application.

Settle Together can make the process easier to understand and guide you through each step. We can help you prepare and file your divorce application and explain what is required to formally serve the application on your former partner. We can then support you through the Court process and, where necessary, assist with your attendance and representation at the divorce hearing.

Applying for a divorce is separate from resolving other family law matters such as parenting arrangements, child support, property settlement or spousal maintenance. You do not need to have resolved these matters before applying for divorce. However, if you have children of the marriage who are under 18, the Court must be satisfied that proper arrangements have been made for their care, welfare and development before a divorce order can be made.

For many people, applying for divorce is a relatively straightforward process. There can, however, be additional requirements where there are questions about separation, service of the application, jurisdiction or arrangements for children. Settle Together provides clear, practical guidance throughout the Australian divorce process, helping you understand what is involved and supporting you through each step of your sole divorce application.