Can I apply for a Divorce?
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 need to satisfy the Court that you and your spouse have lived separately and apart for at least 12 months, and there is no reasonable likelihood of resuming married life. It is possible to live together in the same home and still be separated.
Same sex couples whose marriages are recognised can also apply for a divorce
- If there is no child of the marriage under 18 years, you are not required to attend the court hearing.
- If it is a joint application with children under 18, you are not required to attend the court hearing.
- If it is a sole application with children under 18, you are required to attend the court hearing.