In Australia, divorce occurs when the marriage has “irretrieveably broken down”. No-one under the law is at fault. You need to separated for 12 months (and under the same roof is acceptable).

An order of the Court will declare you divorced and it there must be no likelihood of reconciliation. It is possible for you and your spouse to be “separated under the one roof” and still satisfy the required 12 months separation.

You do not need to have both parties agree but there are further steps to be taken.

You will need to show that you have made appropriate arrangements for any children. There is also the issue of your financial arrangements that may need to be considered.

If you are considering a divorce application please contact us if you need further assistance.