The law in Australia simply provides one ground for divorce - the "irretrievable breakdown" of marriage.  In general terms, this means that your marriage has come to an end and there is no real possibility of reconciliation between you and your partner.  In order to satisfy the court that your marriage has irretrievably broken down, you must be separated for at period of at least 12 months.  If you have been married for less than two years you may also be required to attend counselling.

In most cases, separation begins when one partner moves out of the marital home.  For some couples, however, this is just not possible or practical.  You may be separated whilst you live under the same roof, in which case you will need to provide the court with additional evidence of your separation in the form of an affidavit.  This might include, for example, evidence of changed sleeping arrangements or the division of your finances.

Once you have been separated for 12 months you may apply for a divorce, either independently or jointly with your partner.  It is important to realise, however, that you can settle matters relating to property and the care of children at any stage, save that any application for property settlements and/or spousal maintenance must be filed in the court within 12 months of the date of a divorce.

An experienced family lawyer can guide you through the legal system and may help you to resolve important issues about your future, and that of your children.

Lander & Rodgers