If you were married and have been separated from your former partner for at least 12 months you may make an Application for Divorce. If both parties agree you may also make a joint application.

The Family Court has recently updated it systems and all Applications for Divorce are now processed online.

In Australia there is a “no fault” system for divorce. This means that there is no requirement under the Family Law Act 1975 (Cth) (“the Act”) for one party to be at fault for a divorce to be granted. However, the Act outlines other requirements such as making sure there are proper arrangements for children under the age of 18 years (if any) in place.

You should also be aware that there are time limits imposed on property settlements from the date of divorce.


If you would like to find out more about making an Application for Divorce and/or the implications of a divorce on your property and parenting matters please contact Claire Naidu & Co on 02 6109 0118 or via email enquiries@clairenaidu.com.au. We would love to speak with you about the process and your options.