There is only one legal ground for divorce under Australian law and that is 12 months separation. There is no requirement to obtain the divorce unless you wish to re-marry.

1. That the parties have been married (file marriage certificate with the divorce application).
2. The parties have been separated for a period of 12 months or more.
3. Either or both of the parties have an attachment to Australia either by birth, citizenship, domicile or being resident for a period of 12 months (file citizenship certificate as proof).
4. A divorce application needs to be served and brought to the attention of the other party.
5. In the event that the parties have children, proper arrangements for the children should have been made.

Following a divorce, the parties have 12 months to commence proceedings to divide their property or to apply for spousal maintenance.  

The Family Law team of Harry Freedman, Anne-Marie Doueihy and Daniel Mifsud at Milne Berry Berger and Freedman can help you through one of the most stressful and unhappy times of your life. We understand what you are going through and we have the experience and knowledge to steer you through.

We can help with: 

• Divorce - The formalisations necessary to make it official as well as advice on appropriate steps to take to make it happen and to protect yourself.
• Property Settlements - This is what comes after the divorce.  We can provide advice as to the likely outcome of court procedings with the hope that we can reach an agreement without the cost of a lengthy court battle.
• Spousal Maintenance - How much should you pay/are you entitled to?
• Children - Access and visitation rights.  What happens if your rights are being unreasonably restricted? Should you formalise a current verbal agreement?
• There may be other issues unique to you.  We will sit down with you and work out a plan tailor made for you and your situation.