To obtain a divorce, the Court must be satisfied that the parties have been separated for a period of at least twelve (12) months, the marriage has broken down irretrievable (that is, there is no possibility that the parties will get back together) and appropriate arrangements have been made for the care of the children (if any).
It is possible for a couple to be separated, but still living together in the same home (and in some cases, sleeping together in the same bedroom).
For marriages of less than two (2) years, the Court will not grant a divorce unless the couple attends some form of counselling.
Our divorce lawyers can assist you with a divorce application. From 1 January 2016 the filing fee for an application for divorce in Sydney alone is $1,195. Contact us for a fixed fee quote to complete an application on your behalf.