With the introduction of the Family Law Act in 1975 came the concept of ‘no-fault’ divorce. There is now only one ground for a divorce and that is irretrievable breakdown of marriage. Irretrievable breakdown of marriage is evidenced by 12 months continuous separation.
Once you have been separated from your husband or wife for 12 months and at the time of separation you considered that the marriage had broken down irretrievably, you can file for divorce. However, if it is less than 2 years since the date of your marriage at the time you file your application, you will need to obtain a certificate from a counsellor that states that you have considered the prospects of reconciliation.
The Federal Circuit Court (previously called The Federal Magistrates Court) website www.federalcircuitcourt.gov.au has all the information you require to complete and file your application. The filing fee is $577 and is payable to “The Collector of Public Monies”. You may qualify for an exemption so read the criteria carefully.