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A marriage can only be dissolve by an order of the court. In granting the order, the court will not consider whether any party is at fault. The court will encourage reconciliation, and will grant an order only if the court is satisfied that the marriage has irretrievably broken down. The couple must also have lived separately for 12 months immediately before the application.

If the couple has been married for less than two years, then the couple must attempt reconciliation before a court order could be granted. A court order for divorce does not take effect until one month after the date the order is granted. This interval is the final opportunity for the couple to repair the relationship, and no party can remarry until the order has taken effect.

Furthermore, the court will not grant a divorce order, unless at least one party to the application:

  • Is an Australian Citizen, or
  • Is ordinarily resident in Australia, or
  • Has resided in Australia for no less than one year preceding the application.

In applying for divorce, one must also plan for incidental matters such as custody of children and distribution of assets. The court will not make a dissolution order unless the court is satisfied of any arrangements made for the welfare of the children.

Early management of such matters can prevent much hassle and dispute in the future.

Please do not hesitate to contact us if you have any issues in this regard. Our specialist expertise can provide you with reliable and personalised solutions aiming at achieving the best possible outcome at the most reasonable costs.

You can contact us through:

Tel: (02) 9267 1112
Fax: (02) 9267 1113
Address: Office 2202, Level 22, 31 Market Street Sydney NSW 2000