What is the divorce process?
Divorce is the legal process of formally ending the marriage, legally it is a different process to property settlements and children’s matters.
For more information click here for Childrens’ matters or financial settlements.
If you are seeking a divorce in Australia, these are the criteria the court will consider:
- Married for over two years – you must be separated for a minimum period of one year and one day.
- Married under two years – you must be separated for a minimum period of one year and one day AND you must attempt show the court that you have attempted family counselling. There may be exceptions in instances of family violence or if Domestic Violence Orders (DVOs)(Qld) are in place preventing you from attending counselling. In the post Covid 19 environment, electronic appearance may suffice to obtain the requisite counselling noting you must show evidence to the Court that the counselling took place.
- Provision for the care of children – if the court is of the opinion that there is a lack of clarity about the care of the children in the post separation period then the court may seek more information regarding the care of children prior to granting a divorce, such the preparation of a report. In these circumstances the Court may not grant the Divorce until proper arrangements are in place for children of the marriage. The Court may still grant the Divorce, but it will depend on your particular circumstances.
The court DOES NOT consider the reasons for a divorce such as bad behaviour or infidelity or family violence in making a Divorce Order.