divorce requirements

In order to apply for a divorce in Australia, there are certain requirements that need to be met. 

Firstly, in order to apply for a divorce in Australia, at least one of the parties must: 

  1. Regard Australia as their home and intend to live in Australia indefinitely; OR
  2. Be an Australian citizen by birth, descent or grant of Australian citizenship; OR
  3. Ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.

You must also be able to answer “yes” to ALL of the following questions: 

  1. Are you and your spouse separated? 
  2. Have you been separated for 12 months or more? (Noting that you can be separated but living together – this is referred to as ‘separation under one roof’).
  3. Has your marriage broken down irretrievably, with no likelihood that you and your spouse will ‘get back together’? 

Same-sex couples whose marriages are recognised in Australia can apply for a divorce in Australia provided certain criteria are met. 

If the couple were married in another recognised jurisdiction prior to the amendments to the Family Law Act in Australia which came into effect on 9 December 2017, they can still apply for a Divorce in Australia. Same-sex couples are still required to fulfil all the above criteria before they are able to apply for a divorce. 

When you are going through a life hurdle like a relationship breakdown, divorce or separation, it can be daunting and overwhelming. Understanding your legal rights and entitlements, and what you need to know can be challenging at the best of times. Our family lawyers are dedicated professionals who are responsive and reliable, and provide you with the clarity and guidance to take back control of your life. 

To contact our Family Law team fill out the form below, email enquiries@antunes.com.au or phone us today on 02 9964 0499 to make an appointment and better understand your position in your relationship breakdown.

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