How do I get a divorce?

In Australia, getting a divorce is actually relatively simple.  The most complicated issues related to divorce are the settlement of property and the custody of children.  In formal terms, as long as both parties agree to  divorce, if they have been separated for one year and have attended family counselling and the court is satisfied that there are adequate arrangements in place to allow for the care of the children then a certificate of divorce can be granted which can be essetial if one of the people involved in the marriage has moved on and now wishes to remarry.  However, consenting to a divorce if you know that your partner is likely to remarry would usually not be in your interests as it makes it more difficult for you to obtain orders in relation to the settlement of property or in relation to the custody of the children.

If your partner does not consent to the divorce, it is still possible however it is not as easy.   There are a number of issues that can come up in relation to a divorce which is not driven by the process of consent.  The first major is the settlement of property.  If this can be settled by consent, an agreement is prepared and the parties sign it but if it cannot be done by consent then the court will make an order about the division of property based on the considerations of the assets of the relationship, the contributions to the marriage and the future needs of each of the parties to the marriage.  The court can also alter the settlement in any way that it determines is just and equitable in the circumstances.    This can be a source of uncertainty in the process.

The next major consideration is the custody of the children of the relationship.  This can also be done by consent between the parties, but it can also be done by court order.  The court is duty bound to make the welfare of the children the paramount consideration in relation to the parenting orders that it makes.  If you have a question about any of this, you can enter your question into the box below.  Our lawyers are always online to chat as well and if for some reason you cannot speak to us online now, you can place your details in the contact form to the right.