Divorce is the termination of the marriage. To apply for a Divorce in Australia you do not need to establish fault or any wrongdoing by the other party. The only requirements that you have been separated for a minimum period of twelve months(although in some circumstances you may be separated under the one roof), that you or your spouse are an Australian resident or Citizen and that you consider the marriage has broken down irretrievably.
The application for Divorce is completely separate to matters such as property settlement and children’s issues and you can commence proceedings for property and children’s issues at any time after separation(subject to the time limitations).
There are also special requirements should you be married for less than two years.
We at OHARE LAW can assist you as to the requirements for Divorce as to the application and any special requirements you may have.