What do I need to prove to obtain a Divorce?
You and your spouse need to have been separated for a period of at least 12 months before you can apply for a Divorce.
When applying for a Divorce in Australia, you need to be either an Australian Citizen or have ordinarily been living in Australia for a period of one (1) year immediately before making an Application for a Divorce.
Can my spouse and I obtain a Divorce if we are still living in the same house?
Yes, provided you have been separated from your spouse for a period of at least 12 months. However, if you and your spouse are still living separated in the same house, you will need to provide supporting affidavits from third persons who can confirm that during the 12 month period you were separated from your spouse.
How long do I need to have been separated from my ex before I can apply for a Divorce?
You need to have been separated for a period of at least 12 months before you make an application for Divorce.
Can I apply for a Divorce in Australia if we were married overseas?
Yes, provided you are either an Australian Citizen or have ordinarily been living in Australia for a period of 12 months before you apply for a Divorce. You will need to obtain a copy of your Certificate of Marriage. If your Certificate of Marriage is not in English, you will also need to have it formally translated and the translation will need to be filed with the Court.
Do I have to get divorced first before I can get a property settlement from my ex-spouse?
No. You can reach a property settlement agreement with your ex-spouse at any time after separation.
How do I apply for a Divorce?
You can apply for a divorce on your own by making a sole application or both you and your spouse can apply together by making a joint application. Applications for Divorce can be made at the Federal Circuit Court of Australia.
For more information, speak to our Accredited Specialist Family Lawyer – Anthi Balafas.