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ARTICLE · 26 JULY 2017

Divorce in Australia - FAQs

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If you want to apply for a divorce in Australia, either you or your spouse need to have some connection with Australia.

AustraliaFamily and Matrimonial
Monique Robb
Monique Robb
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AM I ELIGIBLE TO APPLY FOR DIVORCE IN AUSTRALIA?

If you want to apply for a divorce in Australia either you or your spouse need to have some connection with Australia. Usually this means that at least one of you:

  • regards Australia as your home and intends to live here indefinitely; or
  • is an Australian citizen; or
  • has lived in Australia for the 12 months immediately before filing for divorce.

WHEN CAN I APPLY FOR A DIVORCE?

You can apply for a divorce once you have been separated from your husband/wife for a period of at least 12 months. There is no ability for the Court to grant a divorce if you have not been separated for at least 12 months.

WHAT IS SEPARATION?

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