A divorce is the official legal ending of a marriage.

Getting a Divorce Order from the Court means that your marriage has formally ended and you can remarry.

You do not have to prove “fault” in a divorce application. The only ground for divorce is the irretrievable breakdown of the marriage, and this is proved by showing:

  • that you have been separated for a period of at least 12 months immediately before you ask for the divorce, and
  • there is no chance of reconciliation (or getting back together as husband and wife).

Some people confuse a divorce with a property division or children’s arrangements, however they are all quite different.

You have to be separated for 12 months before you can apply for a divorce but this does not stop you from starting a property settlement as soon as you break up.

Both the Federal Circuit Court and Family Court websites have lots of helpful information for separating families, including a copy of the useful Marriage, Families and Separation brochure.

You can find a “Do It Yourself Kit” for a divorce on the Federal Circuit Court website which you can download here.