What is divorce in Australia?
Divorce is the legal process that formally ends a marriage, governed by the Family Law Act 1975 (Cth) and heard in the Federal Circuit and Family Court of Australia. The only ground for divorce is that the marriage has broken down irretrievably, proven by 12 months and 1 day of separation. Separation can occur even if the parties live “under one roof.”

Divorce does not automatically resolve issues relating to children, property settlement, or spousal maintenance—these require separate applications.

Eligibility to apply for divorce:

• One spouse is an Australian citizen, permanent resident, or has lived lawfully in Australia for at least 12 months.
• The marriage has broken down with no reasonable likelihood of reconciliation.
• The parties have been separated for at least 12 months and 1 day.
• A valid marriage certificate is provided (with a certified translation if the marriage took place overseas).

Types of divorce applications:

• Sole Application: filed by one party, requiring formal service of documents on the other spouse.
• Joint Application: filed together by both spouses, avoiding the need for service.

Common legal issues following divorce:

• Parenting arrangements: where the children live, time spent with each parent, parental responsibility.
• Property settlement: division of assets, debts, businesses, and superannuation.
• Spousal maintenance: financial support obligations after separation.
• Family violence considerations: safety concerns or protection orders that may affect arrangements.

How can Nguyen Do Lawyers assist you?

• Advising on eligibility and preparing divorce applications.
• Assisting with separation under one roof and evidentiary requirements.
• Filing applications via the Court’s eFile system and guiding you through hearings.
• Representing clients in parenting, property, and maintenance matters.
• Protecting your rights in the Federal Circuit and Family Court of Australia.

CTA:
Contact Nguyen Do Lawyers today for expert legal advice on divorce and separation. We will guide you through the process, ensure compliance with Australian family law, and help you achieve a fair and practical outcome.