Divorce is the dissolution of a marriage under the law of a state. The interest of the court is not in the reason why you want a divorce but only in the fact that the returning to live as husband and wife is no longer possible between the couples. It is not compulsory that your partner agrees to a divorce before you file an application for divorce. For de facto couples there is no need for a divorce because under the law they are not considered as a married couple.
Couples who get married outside the Northern Territory of Australia and Australia, can file an application for divorce in Australia and the Northern Territory as long as you and your spouse were legally married in the other country and either you and your spouse;
1) Intend to live in Australia indefinitely
2) Are Australian citizens by birth or descent (if either of your parents are Australians)
3) Reside in Australia for over 12 months before filing for divorce.
Do not hesitate to seek legal advice from a lawyer at any firm or legal aid in the Northern Territory if you have doubts about the legality of your marriage.
After separation it is not necessary to get a divorce. Many people separate and may not file for a divorce application till much later and in some instances may never file for a divorce at all. Getting a divorce is not a requirement to make arrangements for the under age children of the marriage or divide property among couples who are separated. If you intend to make arrangement for your children or divide property with your spouse, you can either have an agreement or employ the services of a lawyer to help you out. The only time getting a divorce is necessary after separation is when either you or your spouse wants to remarry.
To get a divorce in the Northern Territory you can do it without the services of a lawyer with the help of the downloadable do it yourself divorce kit from the family law court but if you feel uncertain about the do it yourself kit, you can seek the services of a lawyer. However, in cases where you and your spouse have been married for less than two years, you may need to go for counseling and get a certificate from your counsellor before you can get divorced.