Divorce
PREVIOUSLY KNOWN AS
The Divorce Process
At Vocare Law, we understand that a Divorce can come with a lot of emotions – good and bad – and we will guide you through the process one step at a time. In Australia we have a “no-fault” system for Divorce.
This means that to obtain a divorce, you simply need to meet the following two criteria:
Am I Eligible For Divorce?
To be eligible, one or both of you must have one of the following jurisdictional connections to Australia:
- Be an Australian citizen; or
- Reside in Australia and consider it your home indefinitely; or
- Have resided in Australia for 12 months prior to applying for your divorce.
You can still apply for a divorce even if you got married overseas, as long as you (or your spouse) meet one of the above criteria.
Additionally, you must have been separated from your spouse for a minimum of 12 months. This is required to help prove that there is no reasonable likelihood of resuming married life. Whilst you must prove your marriage cannot be resurrected, it is not necessary to prove someone is at fault.
If you have periods of reconciliation/cohabitation that last longer than 3 months during the 12 month period, the time spent apart prior to reconciling is not considered part of your 12 month separation. If you have decided after a period of reconciliation that lasted longer than 3 months that you still want a divorce, the clock will start running from the time you separate again.
If periods of cohabitation last less than 3 months you may be able to join prior periods of separation and periods after cohabitation together to fulfill the required 12 months separation period.
Free Family Law Legal Advice
We know every family’s situation is unique. That’s why we offer a free consultation to discuss your specific needs and concerns and to provide you with free initial legal advice, or if you need more information about family law matters and the family court system in Australia. There’s no pressure, just a chance to chat and see if we’re a good fit.
Advice You Can Trust
We offer customised professional legal services tailored to meet our clients’ needs. Our values are service, care and excellence. Our people are our strength. We nurture them by creating a healthy team environment which encourages them to make positive contributions in delivering our legal services. Our communities are missions focused. We exercise our generosity by making contributions at a local, national and international level.
