Divorce requirements in Australia | Eligibility for Divorce

Divorce requirements in Australia | Eligibility for Divorce

Divorces don’t Have to be Messy. Here’s a Simplified Guide

Being in the midst of separation and divorce can be a stressful time, but the resolution of the matter doesn’t always need to be. With the right help and support system, you will be able to get through this difficult time and continue the normal course of your life. By reaching out to your friends and family, as well as seeking the right professional guidance, you can reduce the feeling of this immense stress. This is a step of life that will bring great difficulty, but we are here to guide you about divorce requirements in Australia.

What are the citizenship and residency requirements in Australia?

There are three main requirements to be eligible to apply for a divorce. [Ref. FCC] Either you or your spouse must:

• 1. Regard Australia as your home and intend to live here indefinitely
• 2. Be an Australian citizen by birth, descent or by grant of Australian citizenship
• 3. Ordinarily live in Australia and have done so for 12 months immediately preceding your divorce.

What do I need to prove?

In Australia, the court does not seek to allocate blame on you or your partner- or consider the reasons for the breakdown of your marriage. Instead, the court requires a few elements are met.

1. Separation

You and your spouse must have lived separately and apart for a period of 12-months minimum. This does not necessarily mean you have to live in two different homes; however, the court must be satisfied that you lived separate lives. To prove you lived under the same roof but were separated, additional documents must be prepared by you or your partner. Two affidavits, one by you, and one by a witness must be given.

2. Reasonable likelihood of requirement

Secondly, you must show that there is no reasonable prospect of you and your spouse getting back together. Depending on whether the divorce is mutual or if you are the sole applicant, different obligations arise. We can guide you through these procedural requirements.

What if I have been married for less than two years?

If you have been married for under two years but want a divorce, you will need to file a counselling certificate. To obtain this, you will need to see a family counsellor.

I meet all the requirements. What are the next steps?

If you meet all the requirements for eligibility for divorce, you may begin preparing a divorce application. One of the most important things to note here is the service of documents. This means that a personal service of documents must be made to the other party to notify them of the application. To get the best possible outcome, you may choose to contact a law firm to help you through the process.