When deciding to apply for a divorce there are certain things you need to take into considerations.
Firstly, you need to satisfy the Court that you and your spouse have lived separately and apart for at least 12 months, and there is no reasonable likelihood of resuming married life.
If the above requirement is satisfied than you can apply for divorce in Australia 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.
Other things you may want to consider before applying for a divorce are
- Whether or not you should seek legal advice
- What will the divorce cost
- What the court considers in divorce applications
- Have you been married for less than 2 years
- Have you been separated but living under one roof
- Are you unable to locate the other party
*Disclaimer – The above information was taken from the Court website as accurate in September 2021. If any changes are made by the court from that date they may not be reflected in this post.