At CQ Legal, we understand that a breakup is a difficult, stressful time for you and your family. There are a lot of decisions to make, the whole process can seem overwhelming. CQ Legal’s family law team are here to help guide you through the process in a supportive environment.
The Family Law Act 1975 established the principle of no-fault divorce in Australian Law. When granting a divorce the Court does not consider why the marriage ended. The only grounds for divorce is that the marriage broke down and there is no reasonable likelihood that the parties will reconcile.
The Federal Circuit Court of Australia has the jurisdiction or power to deal with dissolution of marriage. Granting a divorce does not determine financial support, property distribution or arrangements for children. It simply recognises that the marriage has ended.
You can apply for a divorce in Australia if you or your spouse can answer yes to one of the following :
- Are an Australian citizen by birth, descent or grant of Australian citizenship. (If you have been granted citizenship you will need to file a photocopy of your certificate), or
- Regard Australia as home and intend to live in Australia indefinitely. (You will need to provide a photocopy of a valid visa or your passport showing the date of arrival at least one year prior), or
- Ordinarily live in Australia and have done so for 12 months immediately before filing for divorce. (You will need to provide a photocopy of a valid visa or your passport showing the date of arrival at least one year prior).
You can apply for a divorce in Australia if you have been separated for a period of at least twelve months. When you apply for a divorce you will need to show that:
- You were married by providing a photocopy of your marriage certificate.
- You have been separated for at least 12 months and one day
- Your marriage has broken down and there is no reasonable likelihood that you will get back together
To speak to a member of our Family law team, contact us today
07 4921 1788