Frequently Asked Questions
It will take at least 4 months to obtain a final Divorce Order (formally known as a Divorce Certificate), longer if there are difficulties in serving your spouse. You shouldn’t plan a remarriage without allowing enough time for the divorce to be finalised.
You can only apply for divorce in Australia after you have been separated for a period of at least twelve months. If you have been separated, but reconciled for 3 months or more, then the 12 months period starts after the reconciliation.
- prove that the marriage is irretrievably broken, that is, that you have been separated for a period of no less than 12 months
- have lived separately for this 12 month period
- have been married for more than 2 years or attended the required counselling with the Family Court
- before filing the Application attend mediation with a court approved family and child mediator to discuss the possibility of reconciliation and then file a certificate completed by the counsellor with your Application. You must attend this mediation session with your spouse or file an Affidavit setting out the reasons why counselling cannot take place.
- you may file an application seeking the Court’s permission to proceed within 2 years of the marriage. There are special circumstances in which this may be done. Please speak to a member of Watts McCray family lawyers to get more advice.
- an Australian citizen;
- domiciled in Australia; or
- resident in Australia for 12 months.
the ceasing of sexual activity
living in separate rooms
operating separate bank accounts
not sharing meals
not providing household services
not sharing mutual entertainment inside or outside the home
not representing to relatives, neighbours or friends that the marriage is continuing
If the parties contend that they have separated even though they still live under the one roof they will have to give the court evidence of this.
- are Australian citizens or residents, or
- regard Australia as your permanent home.
You will need a copy of your marriage certificate. If your marriage certificate is not in English, you will need:
- an English translation of the marriage certificate, and
- an affidavit from the translator which:
- states his or her qualifications to translate
- attaches a copy of the marriage certificate
- attaches the translations
- states that the translation is an accurate translation of the marriage certificate
- states that the attached copy of a marriage certificate is a true copy of the marriage certificate translated.
Please note that you must file an application for maintenance or application for property division within 12 months of your divorce becoming final.