You may apply for a divorce order to sever the marriage provided:

  • There are irreconcilable differences with your spouse, and
  • The marriage has broken down irretrievably, and
  • You have lived separately and apart for a continuous period of at least 12 months before applying to the court for a divorce order, and
  • There is no possibility of a reconciliation and resumption of your married life.

The law permits you and your spouse to continue residing in the same residence and even providing household services to each other however these factors must be considered by the court to determine whether or not a true separation has taken place.

The application for divorce may be filed with the court by one of the parties to the marriage or jointly by the parties.

You may be required to attend court and give evidence as to the arrangements for the child or children who are under the age of 18 years.

Contact Fay

Email or call on 0416 196 541.

Fay will respond to you personally within 24 hours to discuss your enquiry.