If you are applying for a divorce in Australia, you must be able to demonstrate an “irretrievable breakdown” of your marriage. This will be satisfied where you and your partner have been separated for at least 12 months and there is no likelihood of reconciliation. The separation began when you decided that you were no longer in a relationship, it is not necessary for you to have moved out of the family home, or for you to show that either party was at fault.
Divorce applications will be dealt with separate to any property or maintenance disputes that may also be underway. However, where children are involved, you may need to show that there are appropriate arrangements in place as part of your divorce application.
If you believe that your marriage was never valid, you may wish to apply for a ‘decree of nullity’. This course of action is only available where the partners were not legally allowed to be married at the time they got married. This could occur if one partner was already married, under the age of 18, or where valid consent was missing due to duress or fraud.
Call Russo Lawyers today on (07) 3238 1888 or 1800 558 533 for more information.