Divorce

There is only one ground for divorce in Australia: irretrievable breakdown of marriage, which is established by twelve months separation. Twelve months after the date of separation, either party, or the parties jointly, can apply to the Federal Magistrates' Court for a divorce. The hearing is usually about three months from the day you lodge your application at the court. One month after the hearing the divorce becomes final. You cannot remarry until after that time has passed.

There is a Government imposed filing fee for a divorce. If you are a pensioner, or otherwise cannot afford the fee, you can apply to have it waived. The person applying pays that fee, and any legal costs. Normally the other party pays little or no costs for the divorce. In most cases, you should be able to apply for a divorce yourself. The Federal Magistrates' Court has produced a kit to assist you in doing so. See the following website for details:  www.fmc.gov.au

In very unusual circumstances it is possible to apply for a decree of nullity of marriage. In other words the court declares that the marriage was null and void from its beginning. Decades ago people could apply under this heading if the marriage was not consummated but this no longer applies. A person can only apply for a decree of nullity under very unusual circumstances such as mistaken identity or mistake as to the nature of the marriage ceremony. Legal advice is vital to pursue this application.