Divorce


A Divorce is the official recognition of the end of a marriage. Divorce is dealt with separately from other matters relating to marriage breakdown, but there are time limits on bringing applications for property and spouse maintenance once a Divorce order is made.

In Australia you cannot apply to the Family Court for a divorce as soon as you separate. You must wait one year from the date you and your partner separate before filing that application. Either of you can apply for a divorce or you can apply together.

There are other requirements you must meet before you will be entitled to file a divorce application in Court in Australia:

  • Your marriage has broken down irretrievably;
  • You and your spouse have been living separately and apart for at least 12 months (if you have been separated under the same roof, see additional requirements below);
  • There is no reasonable likelihood of resuming married life;
  • Reasonable arrangements have been made for the care of any children under the age of 18;
  • Have been married for at least 2 years or attend the required counselling

As well as being able to satisfy all of the above requirements, you need to have an appropriate jurisdictional connection with Australia.You can have this in one of three ways.

In addition, to apply for a divorce in Australia either you or your husband/wife must:

  • be an Australian citizen by birth, descent or by grant of Australian citizenship; or
  • regard Australia as their home and intend to live in Australia indefinitely; or
  • ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.

You must satisfy all of the above requirements as well as one of the three jurisdictional connection with Australia requirements to be able to get a divorce in Australia. If you have been married for less than 2 years, there is a requirement to attend counselling before you are eligible to apply for a divorce.

Often Divorce Applications are very straightforward but sometimes they are not. Simple or complex, we can help you with the efficient finalisation of your divorce.

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