If you want to apply for divorce in Australia, you need to consider the following:

Jurisdiction

Does the Family Court in Australia have jurisdiction to accept your application?

 FAMILY LAW ACT 1975 – SECT 39 (3) Jurisdiction in matrimonial causes

Proceedings for a divorce order may be instituted under this Act if, at the date on which the application for the order is filed in a court, either party to the marriage:

(a)  is an Australian citizen;

(b)  is domiciled in Australia; or

(c)  is ordinarily resident in Australia and has been so resident for 1 year immediately preceding that date.

Grounds of Divorce

FAMILY LAW ACT 1975 – SECT 48

Divorce

(1)  An application under this Act for a divorce order in relation to a marriage shall be based on the ground that the marriage has broken down irretrievably.

(2)  Subject to subsection   (3), in a proceeding instituted by such an application, the ground shall be held to have been established, and the divorce order shall be made, if, and only if, the court is satisfied that the parties separated and thereafter lived separately and apart for a continuous period of not less than 12 months immediately preceding the date of the filing of the application for the divorce order.

(3)  A divorce order shall not be made if the court is satisfied that there is a reasonable likelihood of cohabitation being resumed.

Should everyone apply for Divorce after separation

Generally, people apply for divorce for good reason. For example –

• they want to remarry
• they do not want to have any legal association with their former spouse; or
• some other good reason.

There may not be any reason for applying for Divorce,  as long you have taken steps to resolve your financial issues and children’s issues( if you have with your former spouse). You can sort out your financial and children’s issues without getting a divorce.

Applying for divorce means that you need to pay legal fees for the lawyer to apply for the divorce, and pay the filing fee of the court. Please contact SAHARAN FAMILY & CRIMINAL LAWYERS to discuss your circumstances.