This article provides general information about divorce in Australia and should not serve as a substitute for legal advice.
You are able to apply for a divorce in Australia if you or your spouse:
- consider Australia to be your home and are planning to live in Australia indefinitely, or
- are Australian citizens (by birth, descent or grant of Australian citizenship), or
- ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.
Even if you married overseas, if you satisfy one of these requirements then you may get divorced in Australia.
You must then satisfy the Court that you and your spouse have lived separately and apart for at least 12 months and that there is no reasonable likelihood of resuming married life.
It is possible to live together in the same home and still be separated.
Married for less than two years
If you have been married for less than two years the Court requires that you and your spouse:
- attend counselling to discuss the possibility of reconciliation, or
- if you have not attended counselling, seek permission of the Court to apply for a divorce.
It is advisable that you seek legal advice if you are planning to file for divorce. Our experienced and dedicated lawyers at Eckert Legal can advise you and represent you in Court.