Divorce Application

For parties to be classed as 'divorced' they need to obtain a divorce decree from the Court. To do this they need to file a Divorce Application in the Federal Circuit and Family Court of Australia. This Application is separate from the property settlement and parenting arrangements process. 

 

The ground for divorce is what is known as "irretrievable breakdown of marriage". To establish this element it is necessary to show that the parties have been separated for at least 12 months. 

 

In most cases a divorce will be granted upon the Hearing of the Divorce Application. The divorce itself becomes effective one month after the Order is made. It is important to note that until the divorce order becomes effective neither party can remarry.