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How can you get a divorce?
To apply for a divorce, you file (lodge) an application at the Federal Circuit Court
You can apply for a divorce in Australia if either you or your spouse:
bullet regard Australia as your home and intend to live in Australia indefinitely, or
bullet are an Australian citizen by birth, descent or by grant of Australian citizenship, or
bullet
ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.
You can only apply for divorce in Australia after you have been separated for a period of at least twelve months. If you apply for a divorce you will need to show that:
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you were married
bullet
you have been separated for at least 12 months and 1 day
bullet
your marriage has broken down and there is no reasonable likelihood that you will get back together
bullet
you or your husband or wife are Australian residents or citizens or regard Australia as your permanent home
If you apply for divorce on your own, you are referred to as the applicant. If you apply for a divorce together with your husband or wife, it is known as a joint application.
There are no time limits in which to apply for a divorce.
What does the Court consider?
The Family Law Act 1975 established the principle of no-fault divorce in Australian law. This means that the Court does not consider why the marriage ended.
The only grounds for divorce is that the marriage has broken down irretrievably. That is, that there is no reasonable likelihood that you will get back together. You must have been separated for a period of twelve months in order to satisfy the court that the marriage has broken down irretrievably.
If there are children aged under 18, the Court can only grant a divorce if it is satisfied that proper arrangements have been made for them. |
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