Divorce in Australia: What You Need to Know Under the Family Law Act

Divorce is a significant step, and understanding it eases the stress. Divorce, NSW residents should know, is governed by the Family Law Act, which applies a “no-fault” approach. This guide explains how to get divorced (Australia uses a no-fault system) and how divorce fits with property and parenting.

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No-fault divorce

Australia has a no-fault system: the Court is not concerned with who was to blame. The only ground is that the marriage has broken down irretrievably, shown by 12 months' separation. You can be "separated under one roof", though this may need supporting evidence.

How to get divorced

In broad terms, how to get divorced in Australia involves applying to the federal courts, satisfying the requirements (including 12 months' separation), and — where there are children — showing appropriate arrangements are in place. An application can be made by one party or jointly.

Divorce is separate from property and parenting

The divorce only ends the marriage. It does not by itself divide property or decide children's arrangements — those are separate, and time limits apply after divorce for property proceedings.

Frequently asked questions

How do you get divorced in Australia?

You apply to the family law courts on the basis the marriage has broken down irretrievably, shown by at least 12 months' separation, and satisfy the requirements — including arrangements for any children.

Do I have to be divorced before dividing property?

No. Property settlement is separate and can be dealt with before divorce, but once divorced, time limits apply for starting property proceedings.

How long does it take to get divorced?

You generally must be separated for at least 12 months before applying, after which the Court processes the application.

Move forward with Leyden Legal

As divorce lawyers, Tamworth and district clients trust Leyden Legal, and as family law solicitors, NSW families rely on our clear, compassionate advice across the North West.

Contact Leyden Legal today to speak with a family law solicitor.

This article provides general information only and is not legal advice. Family law outcomes depend on your circumstances. Please seek tailored legal advice before acting.

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