An application for divorce can be applied for by solely by the Husband or the Wife or if both parties consider the marriage over, they may apply jointly.
To apply for divorce in Australia one of the following must 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.
Divorce in Australia requires no fault and 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 that are to be considered when applying for divorce which may impact your application and whether you (and your spouse) will need to attend court. Some of these factors include:
- Length of the Marriage;
- Separation under the same roof;
- Children of the Relationship aged under 18 years; and
- Whether it is a joint or single application.
Once a Divorce order has been made by the Court it starts a 12 month limitation for the parties to the marriage to commence proceedings in relation to their property settlement.