If you wish to obtain a divorce, BMLaw can help.
In Australia, the only ground for divorce is that the marriage has ‘broken down irretrievably’. This is established by separation for 12 months. Separated couples can still live under the one roof but will need to provide evidence from third parties. An application for a divorce can be made by one or both parties to a marriage, however it is only necessary for one party to apply.
Application can only be made after the 12 month period of separation has ended. The court will only grant a divorce if it satisfied that proper arrangements have been made for the care and welfare of any children under the age of 18. If you live in Brisbane you can also apply through the Legal Aid Community Divorce Scheme. In exceptional circumstances you can also apply to Legal Aid Queensland for assistance.
If the court approves your divorce it will initially grant a Divorce Order. The Order normally becomes final one month and one day after it is made. Once the Order is final the court will issue it. You cannot remarry until you have received the Divorce Order.
BMLaw can also assist where a marriage has taken place outside Australia, provided that either the husband or wife are Australian citizens, are domiciled in Australia, or have been resident in Australia for at least 12 months.