Applying for a divorce in Australia

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Applying for a divorce in Australia

In Australia, we have a “no fault” divorce system.  This means that there is no need to prove who caused the marriage to break down.

The only requirement that must be proved is that there has been an “irretrievable breakdown” in the marriage.  This is proved by showing that the husband and wife have been separated for at least 12 months.

Your partner may not agree to the divorce but he/she needs to know that the marriage is over.

To apply for a divorce, you or your spouse must fit one of the following:

  • be an Australian citizen
  • live in Australia and regard Australia as your permanent home
  • ordinarily live in Australia and have done so for at least 12 months before the divorce application

If you do not want to use a lawyer to do your divorce application, you can get an application for a divorce online from the Family Court website.  There is a filing fee to be paid which is reduced in certain circumstances.

You and your spouse can apply for a divorce together or you can apply on your own.

Your divorce will become final one month after the hearing.  This is when you will be issued with the divorce certificate.

 

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