To apply for a divorce, you must have lived separately and apart from your spouse for at least 12 months. This may also apply if you have been separated under the same roof. In addition, the court must be satisfied there is no prospect of resumption of marriage, and either you or your spouse are an Australian citizen (or at least you or your spouse lived in Australia for a 12 month period prior to filing for your divorce).
A divorce application may be filed either jointly by both parties, or by one single party.
Divorce applications may be filed before or after a financial settlement and is filed in the Federal Circuit Court of Australia. While a divorce order is a legal end to your marriage, it is seperate to both parenting and property matters.
Brendan Rothschild Legal Group is able to assist in preparing and filing a divorce application, or responding to one. Please contact us on our contact page for more information and to arrange a consultation.