The Law Society of NSW Specialist Accredititation 


There is only one ground for divorce and that is that the marriage has irretrievably broken down.  The Family Law Act provides that the test to be applied in determining the irretrievable breakdown of the marriage is whether the parties have been separated for at least twelve months prior to the application being lodged.

Separation occurs sometimes with the parents both remaining in the home. This is called “separation under the same roof”.

It is rare for a divorce to be contested.  The divorce hearings are conducted in an informal manner and only take about five minutes if the application is in order. Parties usually do not attend.

A divorce is granted in two stages.  It is a Decree Nisi at the date of the divorce hearing and a Decree Absolute one month later.

We would strongly advise you to obtain legal advice relating to your specific circumstances to ensure that you have all the information you need on your rights and obligations together with the options available to you to assist you in resolving any Family Law matter.