Either the Husband or the Wife can apply for divorce in Australia if one of the following apply:
- They regard Australia as their home and intend to live in Australia indefinitely;
- Is an Australian Citizen by birth, descent or by grant of Citizenship; or
- Ordinarily lives in Australia and has done so for 12 months immediately before filing for divorce.
There is only one ground for a divorce in Australia, and that is “an irretrievable breakdown of marriage”, which is established by proving that:
- The parties have separated for a continuous period of at least 12 months; and
- There is no reasonable likelihood of reconciliation.
There are many factors to consider when applying for divorce, these factors may impact your application and whether you (and your spouse) will need to attend court, some of these factors may include:
- Length of the Marriage
- Separation under the same roof
- Children of the Relationship
- Whether it is a joint or single application