The Federal Circuit Court of Australia has jurisdiction to hear and determine Applications for Divorce. 

Divorce proceedings deal solely with the legal dissolution of a marriage.  Applications can be made by one spouse, or spouses can together file a joint application.  If you wish to file an Application for Divorce, the Family Law Act (1975) requires that parties live separately and apart for at least 12 months.  However, it is possible to satisfy the Court that you have been separated for 12 months even if you continue to live under the same roof.

When filing an Application for Divorce within 2 years of the date of the marriage, the Family Law Act requires couples to demonstrate that they have considered a reconciliation by attending counselling together.  However if counselling is not appropriate or practicable (such as in circumstances where there are safety concerns or practical difficulties), a person wishing to apply for divorce can apply to the Court for permission to proceed with their application without a certificate from a counsellor.

There is no legal requirement for separated couples to divorce, however if you remain legally married after your relationship has broken down it can mean that your responsibilities and obligations towards your spouse will continue, including your obligation to financially maintain your spouse.

If you wish to receive advice and assistance with an Application for Divorce, schedule an appointment at our office to discuss your situation with an experienced family lawyer.