We understand that divorce is often a very emotional and turbulent time
While the law about marriage is contained in the Marriage Act 1961 (Cth), the law about divorce can be found in the Family Law Act 1975 (Cth).
Generally, where a marriage has broken down, there is no chance of reconciliation and the parties have been separated for 12 months, either party may apply to the Court for a divorce. Essentially you are seeking that the marriage be dissolved by the Court.
When granting a divorce the Court does not consider why the marriage broke down (i.e. there is no blame or fault on either party about why the marriage did not succeed). The main requirement is that the parties have been separated for 12 months and there is no reasonable likelihood that the parties will get back together. If you have children under the age of 18 the Court will want to know what provisions have been made for their care.
People thinking about applying for a divorce should first seek legal advice as to the affect it will have on their Will, Superannuation and any Life insurance policies they may have. Reardon Family Lawyers can prepare the Divorce Application for you and guide you along the way to ensure that the process runs smoothly and answer any questions you may have. Once a Divorce Order is granted you are free to remarry.