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To obtain a divorce there are certain procedures you need to follow and some requirements you must have met in order to have your request granted.

You can apply for a divorce in Australia if either you or your spouse:

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

You and your spouse must have lived separately and apart for at least 12 months, and there is no reasonable likelihood of resuming married life. Please note that it is possible to live together in the same home and still be separated.

Divorce in Australia is considered to be "no-fault". This means that a court is not interested in why the marriage ended just a confirmation that the marriage has broken down irretrievably. What this means is that there is no reasonable likelihood that you will get back together. You must have been separated for at least 12 months and one day in order to satisfy the Court that the marriage has broken down irretrievably.

If there are children aged under 18, a Court can only grant a divorce if it is satisfied that proper arrangements have been made for them.

Please contact one of our Family Law teams for more information about obtaining a divorce. 

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