Divorce
Author:
Anthi Balafas
Publish Date: September 18, 2008
Either the Husband or the Wife of a marriage may apply for divorce. They also have the option of making a joint application. The application may be made without the consent of the other party.
The party making the application for divorce must prove that the marriage has irretrievably broken down and also prove that the parties have been separated from the marriage for a continuous period of twelve (12) months prior to making the application for divorce. The parties may be separated but living under the same roof and the party making the application must prove that although the Husband and Wife lived in the same house, they lived “separate lives”.
If the couple have been married for less than two (2) years, when a party applies for divorce, the parties must undertake compulsory counselling sessions prior to a divorce application being accepted by the Court. Compulsory counselling sessions may be waived in circumstances where domestic violence or the threat of domestic violence is apparent.
If there are children under eighteen (18) years of age from the marriage, the parties to the divorce application must prove that satisfactory arrangements have been made for the care of the children.
Only Australian citizens, permanent residents, or those individuals living in
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