divorce

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now
Divorce, also known as dissolution of marriage, is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. Divorce laws vary considerably around the world, but in most countries, divorce requires the sanction of a court or other authority in a legal process, which may involve issues of distribution of property, child custody, alimony (spousal support), child visitation/access, parenting time, child support, and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person.
When those that are in a common-law relationship break up, it is referred to as separation, instead of a divorce.Divorce is different from annulment, which declares the marriage null and void, with legal separation or de jure separation (a legal process by which a married couple may formalize a de facto separation while remaining legally married) or with de facto separation (a process where the spouses informally stop cohabiting). Reasons for divorce vary, from sexual incompatibility or lack of independence for one or both spouses to a personality clash.The only countries that do not allow divorce are the Philippines, the Vatican City and the British Crown Dependency of Sark. In the Philippines, divorce for non-Muslim Filipinos is not legal unless the husband or wife is an alien and satisfies certain conditions. The Vatican City is an ecclesiastical state, which has no procedure for divorce. Countries that have relatively recently legalized divorce are Italy (1970), Portugal (1975, although from 1910 to 1940 was possible both for the civil and religious marriage), Brazil (1977), Spain (1981), Argentina (1987), Paraguay (1991), Colombia (1991; from 1976 was allowed only for non-Catholics), Andorra (1995), Ireland (1996), Chile (2004) and Malta (2011).

View More On Wikipedia.org
  1. R

    NSW Divorce with no kids and real estate

    Hi All, I am a lot worried as I am looking to file divorce. I am a 36 year old male, moved to Australia in 2017. Been married since 6 years with no kids and real estate. I have savings of $200k, and wife has only worked for about a year since we moved here. How will the finances be split when I...
  2. P

    NSW She’s not applying for a divorce - What’s the tactic?

    Hi, I’ve been separated from my ex for about 19 months now. Shes changed her name back to her maiden name, has unofficially hyphenated the kids names with her maiden surname, has successfully done everything she could to restrict access to my kids for 19 months and has pretty much cut me out...
  3. G

    Filing for property matters - question on date of divorce

    Haven't been able to get a clear answer here or online. My ex and I haven't finalised our property settlement (there's zero incentive for her to settle since she has 99% of the property already). I have recently discovered that we have either exceeded the 12 month period since the divorce, or we...
  4. D

    VIC Online Divorce application serving overseas

    Background : Married for less than 2 years. No Children No shared assets I have been separated 1 year 1 month : 11 months in separate countries and initial 2 months under same roof. There is no connection for past 11 months. What i understand is I file sole application online Documents needed...
  5. N

    QLD Joint bank account after the divorce

    I have been divorced two months ago and before separation, that is three years ago, my ex and I have opened a joint bank account in which now only my savings are there. After separation, he requested me to sign the withdrawal form as he needs money and taken off his savings out. Now, even when I...
  6. S

    WA Divorce

    Its been almost 3yrs i have been separated, i have finally applied for a divorce which gets read out in court in July so hopefully 1mth from hearing i will be divorced. My question to anyone, once i am divorced is my ex entitled to any assets accumulated after divorce date? The only asset we...
  7. M

    QLD Divorce without mediation

    I know this is a simple question but can you get the divorce and do family mediation after or do you need to do mediation first? We pretty much agree on the care of the kids so is mediation necessary?
  8. S

    VIC Divorce needs to be finalised, separation of assets is already complete

    Hello All, The ex-wife and I completed the separation of our assets approx 4-5 years ago which was signed off on by the court. Now I want to complete the actual divorce paperwork. I know I can buy a do it yourself kit however I have a child who is 17 and therefore I believe I will need to go...
  9. cinnamon

    VIC Filing a response to an application of divorce

    I have received an application of divorce from my former partner. I would like to respond without the use of my lawyers to not incur any more legal expenses. The documentation is straight forward though there are typos/ errors on the document (birth dates for example) which I have brought forth...
  10. Gopalchand

    VIC Divorce and Separation

    Hello, I am a temporary resident of Australia and have been since October 2019. I arrived in Australia with my dependent wife. But some days after arriving, she left to live somewhere else than my own place. After that, we have had minimal contact only and I have lived alone till now. It has...