If you’re considering ending your marriage, understanding the legal grounds for divorce in Australia is an important first step. Divorce can feel overwhelming, but knowing the basics can make the process a little easier.
This guide will explain the legal requirements for divorce, and how Simonidis Steel Lawyers can assist you with not just divorce, but also related matters like child support, property settlement, and domestic violence issues.
Understanding the Legal Grounds for Divorce in Australia
Australia operates under a “no-fault” divorce system. This means the court does not consider why the marriage ended or who was at fault. The only legal ground for divorce is the irretrievable breakdown of the marriage.
To prove this, you must show that:
- You and your spouse have been separated for at least 12 months, and
- There is no reasonable chance of reconciliation.
It’s that straightforward. You don’t need to prove adultery, cruelty, or any other cause. If you meet the separation requirement and believe the relationship cannot be repaired, you have grounds to apply for divorce.
How Does Separation Work?
Separation is when at least one person in the marriage decides to end the relationship. You don’t need to agree on the separation — it can be initiated by just one person.
Important facts about separation:
- You can be “separated under one roof,” meaning you may still live together but live separate lives.
- Evidence such as separate finances, separate bedrooms, or informing friends and family can support a claim of separation under one roof.
- Communication of the intention to separate is key.
If you need advice on separation or divorce, Simonidis Steel Lawyers can help you navigate the requirements and ensure your application is properly prepared.
Special Circumstances: Short Marriages and Family Counselling
If you’ve been married for less than two years, you must attend counselling and obtain a certificate stating you’ve considered reconciliation before you can apply for divorce. If counselling is not appropriate (for example, in cases involving domestic violence), you can request an exemption.
Simonidis Steel Lawyers can assist with divorce applications involving short marriages and provide guidance if domestic violence or safety concerns are part of your situation.
We also assist in related matters such as:
- Domestic Violence
- Maintenance
- Families and Children
- Property Settlement
What Happens After Divorce?
While divorce legally ends the marriage, it does not automatically resolve issues like:
- Child support
- Parenting arrangements
- Property settlement
- Spousal maintenance
You must make separate agreements or applications to address these matters. Resolving them early ensures smoother transitions, especially when children or significant assets are involved.
Simonidis Steel Lawyers can support you in reaching agreements and filing necessary applications for:
- Child Support
- Families and Children matters
- Maintenance
- Property Settlement
De Facto and Same-Sex Relationships
De facto and same-sex couples have the same rights as married couples when it comes to family law matters. If a de facto relationship breaks down, you may be entitled to:
- Property settlement
- Maintenance
- Parenting arrangements
Simonidis Steel Lawyers have extensive experience helping de facto and same-sex couples navigate separation and related family law issues.
What If a Court Order Has Been Breached?
If your former partner breaches an existing family law court order, you may need to take action through a contravention application. This process asks the court to enforce the order and possibly impose penalties for the breach.
We regularly assist clients with:
- Contravention Of Court Orders
- Enforcing parenting and financial agreements
Subpoenas in Family Law Matters
In some cases, evidence held by a third party is needed to resolve a family law matter. Issuing a subpoena allows you to obtain documents or witness testimony that is critical to your case.
At Simonidis Steel Lawyers, we can manage the complex process of:
- Issuing subpoenas
- Ensuring compliance
- Protecting your rights throughout the case
Get the Legal Support You Need with Simonidis Steel
In Australia, divorce is based on the simple principle that a marriage must have broken down irretrievably, demonstrated by 12 months of separation. However, ending the marriage is often just the beginning. Other important issues such as child support, property division, and parenting arrangements need careful attention to ensure a fair outcome.
Contact Simonidis Steel Lawyers today for expert advice and personalised support. Let us help you navigate the road ahead with clarity and confidence.
