Separation process before divorce

• Under Australian law, you have to prove that your marriage has ‘irretrievably broken down,’ in order to obtain a divorce, you must have been separated for at least 12 months. It is possible to be ‘separated under one roof’ if certain criteria are met. If you are separated under the one roof, it is important to get legal advice.

Children Matters during/after separation and divorce

• Parental arrangements
• Financial issues for children after divorce or separation
• If you have children under the age of 18, a court can only grant a divorce if it is satisfied that proper arrangements have been made for them

Property matters when separation and divorce

• A divorce order will not include property arrangements, you may need the legal advice on how to divide properties after divorce 
• Consent orders
• Property settlement after separation or divorce 

Apply for divorce

• Divorce is applied to the Federal Circuit Court for a divorce, or if you are in Western Australia, it will need to be applied to the Family Court of Western Australia.
• You can apply together (a ‘joint application’), or one person may apply (a ‘sole application)
• Divorce can be applied for online

Going to court

• If the couple can’t meet the arrangements about related issues at divorce or separation, you may need to go to court