A divorce is the legal dissolution (or termination) of your marriage. In Australia the law operates on the principle of no-fault divorce. This means that the Court does not take into consideration why the marriage ended.
You can apply for a divorce in Australia if either you or your former partner:
- are an Australian citizen by birth, descent or grant of Australian citizenship; or
- regard Australia as your home and intend to live in Australia indefinitely; or
- ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.
You will also need to satisfy the Court that the marriage has broken down irretrievably and that you and your former partner have been separated for at least twelve months. It is possible for you and your former partner to be separated, but continuing to live in the same home during the twelve months of separation. This is called ‘separation under the one roof’. If this situation applies to you and your former spouse, the Court will need to be satisfied that, despite living together under the same roof, the parties were separated during this time.
If you and your former partner have children under the age of 18 the Court will only grant a divorce if it can be satisfied that there are proper arrangements in place between the parties for the care of the children, such a Parenting Plan.
If you are a same-sex couple and have been legally married in another country, you cannot apply for a divorce in Australia as your marriage is not legally recognised. It will be necessary for you to commence divorce proceedings where you were married.
If you were married overseas and you have a marriage certificate in another language, you will need to obtain a certified translation of your marriage certificate.
If you have been married for less than 2 years, you must undertake counselling and obtain a certificate from a relationship counsellor that states that you have considered trying to reconcile.
An application for divorce can be made jointly or separately and you can do it yourself or you can file for divorce with a Brisbane Divorce Lawyer.
Contact our Divorce Lawyer Brisbane for Consultation
Best Wilson Buckley Family Law is a top-rated divorce law firm that offer a convenient fixed fee service to help you with your application for divorce. Contact one of our divorce lawyers in Brisbane, Toowoomba or Ipswich to find out more, or see our Fixed Fee Application for Divorce.