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Dissolution Of Marriage Or Divorce

What Is Dissolution of Marriage

Dissolution of marriage is the process in which a couple end their marriage permanently. It is another phrase that is synonymous with divorce.

A dissolution of marriage or divorce can only be granted in Australia where:

  • the parties were validly married.
  • the parties have a sufficient connection to Australia.
  • the marriage has broken down irretrievably.
  • proper arrangements have been made for the welfare of any children of the marriage under 18 years of age.

Grounds for Divorce

In Australia, there is only one ground for divorce and that is that the marriage has broken down irretrievably (48 Family Law act 1975).

In the eyes of the law, this means that both parties must have been separated for a continuous period of 12 months or more before the application for divorce can be filed. The court must also be satisfied that there is no reasonable chance of the people involved getting back together.

Note: The parties can be separated and still remain living in the same house.


The Federal Circuit Court of Australia has the power to deal with the dissolution of marriage. The granting of a divorce does not determine issues of financial support, property distribution or arrangements for children. It simply recognises that the marriage has ended.

Get Legal Advice

If you are getting a divorce, you can contact us for legal advice. We are centrally located in Surfers Paradise on the Gold Coast, and our family lawyers are experienced and equipped to service both our Queensland and New South Wales clients.

Contact Davoren Associates on (07) 5575 2844 or visit our office to obtain solid advice at a reasonable price.