Separation and Divorce

In Australia and since 1975, we have a system known as “no fault divorce”. In other words, either spouse can divorce the other, without a need to explain to anyone why the marriage has ended.

It is enough that you have considered your marriage and have made your own decision that it is no longer working or in other legal words, “the marriage has broken down irretrievably” and there is no chance that you will reconcile in the future.

However, there is one criterion, which must be satisfied and that is that you show evidence that you and your ex-spouse have separated for a period of at least 12 months. You have the opportunity during that separation year, to re-trial your marriage for a period of no more than 3 months and you can also live separated with your estranged partner under the one roof.

This is particularly the case, where people are amicable and the separation has been accepted by both of you. If you choose to remain separated living under the one roof then the Court will request independent evidence of this fact from a witness, which is documented in what is known as an “affidavit” and filed with the Court.