There is a formal court process for divorce for married couples.

Divorce involves a separate application to the Court and will not be automatically processed as part of your property settlement or parenting application/s to the Court. In most circumstances divorce is a relatively straightforward process. Couples can make their application jointly if they wish.

There is no requirement for "fault" for parties who have separated to obtain a divorce. The only requirements are as follows:

• The parties must be validly married;
• The marriage must have broken down irretrievably so that the parties have been separated for at least 12 months;
• Appropriate arrangements must be made for the care of the children of the relationship.

There are other rules applicable to short term marriages of 2 years or less. We can advise you further about these rules.

Parties are not required to have settled their property to obtain a divorce. However, an application for spousal maintenance and a property settlement must be brought within 12 months of divorce. If not, a party who wishes to make such an application must apply to the Court for leave, which is not granted as a matter of course.

See our factsheet on:

• Divorce