Divorce

Divorce

Diamond Conway usually doesn’t charge for divorce. However, there is a court fee for filing a divorce application (presently $845).

Divorce is the opposite of marriage to the extent that it ends a marriage. However, it does not resolve property or parenting issues – these are dealt with separately (see Property settlement and Parenting).

An application for divorce can be made by one or both parties to a marriage. In Sydney, applications are generally heard by the Federal Circuit Court before a registrar. Listings usually occur about eight weeks after an application is filed (but this can vary). At hearing of a divorce application, the court must be satisfied that:

  1. there has been a valid marriage;
  2. there is jurisdiction (which can be based on domicile – being lawfully in Australia with an intention to continue or Australian citizenship);
  3. there has been irretrievable breakdown of the marriage (represented by twelve months continuous separation);
  4. (if the application is not joint) there has been proper service of the application on the other party; and
  5. proper arrangements are in place concerning any children of the marriage (though, the court has discretion to proceed without being satisfied on this point in some cases).

While a period of separation under one roof can be relied upon in a divorce application, this usually involves the provision of a supporting affidavit sworn by a third party.

If the court is sufficiently satisfied about the above points, a decree nisi is pronounced. This decree becomes absolute after one calendar month and one day. After that time, the divorce cannot be reviewed or appealed, the parties may legally re-marry and the divorce may affect either party’s will (by striking out the name of the other party – this may lead to a partial intestacy or to other problems and should be kept in mind).

  • Decree absolute

See Divorce.

  • Decree nisi

See Divorce.