General Information
Divorce is required in order to re-marry.
In a divorce application, you do not need to give reasons why your marriage ended as Australia has a “no-fault” system.
Divorce can also finalise your obligations to your ex in respect of property and spouse maintenance. If you have not obtained either a court order finalising your property arrangements or entered into a Binding Financial Agreement, then 12 months after your divorce, whatever informal arrangement you may have between you and your ex with regards to property and finances, becomes final. Therefore, if considering divorce, or upon being served with an application for divorce, it is important to finalise property arrangements by way of court orders or binding agreement as soon as possible.
In order to be divorced, you must have separated for a period of 12 months or more. Separation under one roof is possible, however, you will need to provide the court with evidence that even while living in the same dwelling you and your spouse have been separated for 12 months.
If both parties consent to the divorce, then there is usually no need for either of them to attend court.
