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Can I apply for a divorce?

In Australia you can apply for a divorce if either you or your spouse:

  • Regard Australia as your home and intend to live in Australia indefinitely, or
  • Are an Australian citizen by birth, descent or by grant of Australian citizenship, or
  • Ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.

Additionally, you must be able to prove to the Court that you and your spouse have lived separately and apart (it is possible to live in the same home and still be separated) for a minimum of 12 months and that there is no existent likelihood of resuming married life.

Divorce Applications

This is where seeking legal advice and assistance is highly recommended. Prior to filing an application a divorce lawyer can assist you in identifying your legal rights and obligations. They are able to assist in providing advice in relation to your child custody rights as well as property settlements.

To receive additional advice our Accredited Family Law Specialists are available to assist you. Speak to our Family Law team today to guide you through the process of applications and to assist you in knowing your entitlements under the law.

Speak to one of them today.

Click here for more information on Separation and Divorce.

For advice about Separation and Divorce contact us on 1800 300 170 or email us at

Family law situations can be complex and sometimes they can involve serious issues.  Information outlined is proposed to provide general guidance only. Due to the seriousness of legal matters as well as the uniqueness of your individual situation, professional advice should be sought. For advice, please contact one of our Family Lawyers.