A spouse who is legally married can apply for a divorce if either you or your spouse:
- live in Australia for the last year immediately before filing for divorce, or
- 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,
What the Court Considers When Granting a Divorce
A spouse needs to satisfy the Court that there has been a separation have lived separately and apart for at least 12 months.
There has to be an “irretrievable breakdown” in the marriage, and there is no reasonable likelihood of resuming the former married life.
It is possible to live together in the same home and still be separated i.e. ‘separated under the one roof’, and if this is the case you will need to provide evidence to the Court to prove the contention.
Spouses of short marriages of less than two years are required to attend counselling; however there are exemptions if violence or threats of violence are made by a spouse.
To apply for a divorce, you must complete an Application for Divorce and file it with the Federal Circuit Court and pay the application fee.
You may be eligible for a reduced fee if you can demonstrate financial hardship. The preferable way to apply for a divorce is together with your spouse with a single joint application. However, should that not be the case, and you believe your spouse will oppose the divorce you will need to seek legal advice as the process is less simple.
We can assist you apply for divorce, discuss your requirements such as re partnering and identify other issues which you may not have considered such as the need for you to make a new will.
Please contact us to discuss your divorce.