Divorce is the legal dissolution of a marriage. People often use the term “divorce” to refer to separation and the dividing of assets, however the Courts treat divorce as an independent process. A Divorce Order does not determine issues about property and maintenance or parenting arrangements for the parties’ children. An Application for Divorce is simply a formal application to the Court to legally terminate a marriage between two individuals.
In Australia, there is a no-fault system of divorce. When granting a divorce, the Court does not consider why the marriage broke down, only that the marriage has broken down and there is no reasonable likelihood that the parties will reconcile.