Marriage is a legal contract, and there are a lot of marriage related question that you might want to know the answers to. This is especially important around its end – following a relationship or marriage breakdown, you will find yourself in very different circumstances to those you had only a little while ago. Here at Withstand Lawyers, we have a number of specialist marriage lawyers in our Sydney, Parramatta and Brisbane offices, who will be more than happy to assist you with your legal concerns.

Divorce – a Factsheet

In Australia, we operate under “no-fault” divorce. That means that nobody is obliged to explain why they want divorce – it is enough to state that they wish their marriage to be legally over. The grounds for divorce is established after the couple has been living separately and apart for at least a year. While separation is understood by many as a physical separation, in practice it is not necessary. It is possible that a couple is living under the same roof, but is separated because they no longer maintain sexual relationship, they do not manage their finance together, or do not pose as a couple in social occasions.

For a divorce to become legal, you must file an application of divorce in the Federal Circuit Court. There you must also prove that the following conditions are fulfilled:

  • your marriage was legal.
  • you have been separated for a period of no less than 12 months
you Have been married for more than 2 years, or have been married for less than 2 years, but with the record of having attended the required counselling with the Family Court.
  • You or your partner are an Australian citizen, or regards Australia as your home, or have lived in Australia all of your whole life, or intend to stay in Australia indefinitely
  • Your marriage has irretrievably broken down
  • If there are children involved, you will arrange appropriate care for them following your divorce
  • The spouse asking for a divorce has served the other party with a copy of the application for a divorce at least 28 days prior to the divorce hearing, or 42 days if the other party is living overseas.

Our marriage-specialised family lawyers based in all of our offices in Sydney, Parramatta and Brisbane will help you navigate any of these issues if you find them confusing. Here at Withstand Lawyers, we are experienced and have handled a multitude of intricate cases when it comes to divorce, so we have an excellent grasp of your options and will ensure that you understand them well.

If you are afraid you will not understand the complex matters you are involved in, please do not hesitate to contact us. Call Withstand Lawyers today at 1800 644 541, email us at or send an online inquiry so we can book an appointment with one of our marriage lawyers in Sydney or wherever it is most suitable for you. Don’t forget that we offer a special welcome for our new clients in the form of free legal consultation!

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