Australia has a no-fault divorce system. This means that a court does not consider who was at fault for the breakdown of the marriage.
In order to file for an Application for Divorce, you must:
Prove that the marriage has irretrievably broken down
Prove that there has been a 12-month separation between you and your former spouse
Have been married for a minimum of 2 years.
If you have not been married for 2 years, you and your former spouse will be required to attend counselling with the Family Court.
Our Melbourne family lawyers can discuss your unique situation with you to help you determine your eligibility for divorce and guide you through the process.
If you do not meet the eligibility criteria, we will be able to discuss the options available to you and help you navigate the best way forward.