There is only ground down for divorce - irretrievable breakdown of marriage. That is evidenced by the parties' separation for at least 12 months before the filing of the Application for Divorce.

Divorce kits are obtainable by visiting the Family Court website: www.familycourt.gov.au.

The court will not grant a divorce if: -

• There is a reasonable likelihood of cohabitation between the parties being resumed;
• There are children under 18 and the court is not of the opinion that proper arrangements have been made for the care of the children.

After the divorce has been completed and signed, it is filed in the court. A filing fee is payable unless the party filing the divorce has a health care card or another exemption from filing fees.

After the Application is filed, it must be served on the other party either by mail or by a process server.

After service you must prove that you have served the other party and an Affidavit of Service needs to be filed.

On the hearing date of the divorce, a Federal Magistrate or Registrar will read your Application and any other relevant documents, eg Affidavit of Service, Affidavits regarding arrangements for children.

If the court officer who is hearing the matter is satisfied as to the grounds of the divorce, the arrangements for children and that the other party was properly served, then the court makes an Order for dissolution of the marriage.

One month and one day after the hearing the divorce becomes absolute.

You are then free to remarry.

If there are no children under 18, then it is not necessary for either party to attend the court on the making of a divorce Order.

In general the divorce hearing takes ten minutes or less.