Under the Family Law Act 1975 (Cth) a divorce means “the termination of a marriage otherwise than by the death of a party to the marriage”.
Can I apply for a divorce?
In Australia you can apply for a divorce if:
- you are married to a person who is still alive;
- you have a connection to Australia by one of the following:
a. you or your spouse regards Australia as your home and intends to live in Australia indefinitely; or
b. you or your spouse ordinarily lives in Australia and have done so for 12 months immediately prior to filing for divorce;
- you have been separated from your spouse for at least 12 months (if you reconciled at all during the separation period or you separated but are still living in the same house, please get in touch so we can tailor our advice to your particular circumstances); and
- there is no reasonable likelihood of you and your spouse reconciling.
If you have been married for less than two years, you will also need to file a counselling certificate with your divorce application.
If you need assistance with your divorce matter, please call us to discuss how we can assist you on 03 5722 4681.
MORGAN COUZENS LEGAL