Understanding the legal grounds for divorce in Australia is essential for anyone considering ending a marriage. The emotional challenges of separation can feel overwhelming, but having clarity on your rights and the process can make a significant difference. In Australia, divorce is based on a no-fault system, meaning the court doesn’t look at who was responsible for the breakdown of the marriage.
The Sole Legal Ground for Divorce
Australia follows a no-fault divorce system, which means the court doesn’t need to know who was “to blame.” The only legal reason for divorce is an irretrievable breakdown of the marriage, shown by living apart for at least 12 months.
You don’t need to prove cheating, abuse, or any specific wrongdoing. If you and your spouse have been separated for over a year and there’s no chance of getting back together, you can apply for divorce.
Need help understanding your rights? Speaking with a divorce and separation lawyer can make the process much easier to navigate.
How Separation Works in Practice
Separation doesn’t always mean living in different homes. Many couples are “separated under one roof,” meaning they live together but lead separate lives. This can still count toward the 12-month separation period if you have evidence such as sleeping in separate rooms, managing separate finances, or informing family and friends of your decision.
Support from divorce and separation lawyers can help clarify your options and prepare your case properly. Learn more about how separation is handled legally here.
Divorce After Short Marriages
If you’ve been married for less than two years, you’ll usually need to attend counselling before you can file for divorce. This is to ensure you’ve at least tried to work things out. After counselling, you’ll get a certificate to attach to your application.
However, if domestic violence is involved, you may be exempt from this requirement. In these situations, your safety comes first reach out to experienced domestic violence lawyers in Brisbane locals trust, who can help you apply for the exemption and protect your rights.
What Divorce Doesn’t Automatically Cover
Here’s where many people get confused: divorce only legally ends the marriage. It doesn’t automatically sort out issues like:
- Parenting arrangements
- Child support
- Division of property and finances
- Spousal maintenance
Each of these areas needs separate legal agreements or court orders. So even after your divorce is approved, you may still have a few things to work through.
Need guidance? A skilled child support lawyer can explain your financial responsibilities and rights in detail, especially if kids are involved. Some cases may also benefit from the support of a team of child support lawyers, especially when things get complex.
De Facto and Same-Sex Relationships
Australian law treats de facto and same-sex relationships the same as legal marriages when it comes to separation. If your relationship ends, you may be entitled to:
- Property settlement
- Spousal maintenance
- Child support (if children are involved)
The same legal protections apply, and you have the same rights as married couples. Whether you’re in a de facto or same-sex relationship, speaking with a Brisbane family lawyer can help ensure your rights are protected.
What If a Court Order Has Been Breached?
Sometimes, even after court orders are made, one party may fail to follow them. If your former partner breaches an existing family law court order, whether it relates to parenting arrangements or financial agreements, you may need to take further legal steps.
In such cases, you can apply to the court through a contravention application, which asks the court to:
- Enforce the existing order
- Consider penalties for the breach (including fines or even imprisonment in serious cases)
- Potentially vary the existing order if circumstances have changed
Final Thoughts
Divorce is never easy. It’s not just about paperwork; it’s a major life change that affects your future, your children, and your finances.
Whether you’re dealing with divorce and separation, navigating child support, or need advice after a domestic violence situation, having the right legal support can make all the difference.
At Simonidis Steel Lawyers, we offer clear, compassionate advice to help you move forward. Our team is known among the best family lawyers Brisbane has to offer, and we’re here to help you through every stage of the journey.
Oliver Johnson is LawScroller’s Senior Legal Correspondent specializing in civil litigation, class actions, and consumer lawsuit coverage. He breaks down complex settlements and court decisions into clear, practical guidance for readers.