By Andrew Banna, a Principal of Matthews Folbigg, in our Family Law Group.
Divorce Lawyer advice; Can I apply for a divorce?
In Australia you can apply for a divorce with a divorce lawyer 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.
This is where seeking legal advice and assistance is recommended. Prior to filing a divorce application a divorce lawyer can assist you in identifying your legal rights and obligations. They are able to assist in providing divorce advice in relation to your child custody rights as well as property settlements.