A divorce order dissolves the legal relationship between a married couple. Before seeking a divorce order, the couple must have been married for 2 years and separated for at least 1 year. Although it is possible to count short periods of getting back together, as well as separating under the one roof, there are special rules that apply to these two situations. It is therefore important to obtain legal advice before applying for a divorce order if you have not lived in separate accommodation for the whole of at least one year after separation.
Once a divorce order has been made, you must bring any application for property settlement within one year after the date of the order.
About Mark
Mark MacDiarmid is accredited as a specialist in family law by the Law Society of NSW, having become a lawyer in 1986 after graduating with degrees in Arts and Law from the University of Sydney. He holds a Postgraduate Diploma of Psychology from Charles Sturt University, a Graduate Diploma in Family Dispute Resolution from the Australian Institute of Social Relations, and is a member of the NSW Legal Aid Commission’s Independent Children’s Lawyer and Mental Health Advocacy Panels. He is a member of the Law Society of NSW, the Family Law Section of the Law Council of Australia, a practitioner member of LEADR and a member of the Australian Institute of Family Law Arbitrators and Mediators (AIFLAM). Mark is accredited by the Federal Attorney General’s Department to provide compulsory Family Dispute Resolution and to issue s60I Certificates under the Family Law Act for disputes involving children. He is also an Accredited Mediator under the National Mediator Accreditation System, a member of the Law Society of NSW's Mediator Panel and the NSW District Court panel of Mediators.
The information on this website is not intended to constitute legal advice and is not to be used or relied upon as such. The law can be very complex and we strongly recommend that you obtain the assistance of a qualified lawyer to help you with legal problems. Our links page provides information about a number of free legal services.
