Divorce.
It is important to note separation does not equate to divorce. Divorce (for married couples) is the legal recognition of the dissolution of a marriage, which is brought about by an order made by the Court upon application by one or both parties.
A person applying for a divorce must satisfy the Court that:
They have been separated for not less than 12 months; and
There is no reasonable likelihood of reconciliation.
Australia operates on a no-fault divorce system. This means the only available ground for divorce is that the marriage has broken down irretrievably.
Once a divorce has been granted by the Court, it comes into effect one month and one day later.
The finalisation of a divorce is entirely distinct from the finalisation of a Financial Settlement or parenting arrangements for children. Parties do not need to be divorced to finalise their financial settlement or parenting arrangements – they can be finalised before a divorce application is made. However, a time limit to bear in mind is that once a divorce has been granted, parties then have 12 months to commence Court proceedings for financial settlement.