DIVORCE - WHAT'S INVOLVED IN GETTING DIVORCED

Obtaining a divorce legally puts an end to your marriage and enables you to remarry.

The grounds for divorce are straightforward. You can obtain a divorce if:

	Your marriage has broken down irretrievably; and
	You and your spouse have separated and have been living separately and apart for a continuous period of not less than twelve (12) months prior to filing the Application for Divorce.

The Court will not grant a divorce if it is satisfied that there is a reasonable likelihood of co-habitation between yourself and your partner being resumed.

The Application for Divorce is usually straightforward.

If there are children under the age of 18 years, the Court must be informed of and satisfied that reasonable arrangements have been made for the care of the children. These details will be included on your Application form.

The procedure for obtaining a divorce is as follows:

	If the grounds for divorce are satisfied (as above) then an Application is prepared and signed by you (it may also be signed jointly by your partner if they agree to do so);
	The Application is then filed in the Federal Magistrates Court. There are filing fees attached with this process.
	The Application is allocated a hearing date in Court (usually some six (6) weeks after filing). If there are no children under the age of 18 years there is no necessity for a Court appearance.
	The Application is then served upon your spouse (either through the mail or by a process server).
	On the hearing date a Federal Magistrate in the Federal Magistrates Court will read your Application and provided that they are satisfied as to the grounds for the divorce, the arrangements for the children (if applicable) and that your partner was properly served, then they will grant a divorce or what is referred to as a Decree Nisi of Dissolution of Marriage.
	The divorce hearing before the Federal Magistrate is straightforward and usually lasts for five (5) to ten (10) minutes.
	There will usually not be any need for you to give any evidence during the divorce hearing.
	After your Decree Nisi (or divorce) is announced by the Federal Magistrate on the hearing date then exactly one (1) month and one (1) day after that date, your divorce will become what is known as Absolute. In other words in one (1) month and one (1) day's time after your divorce hearing you will then be in a position to remarry.
	If there are no relevant children under the age of 18 then there is no necessity for you or your partner to attend Court for the divorce hearing.

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