Family Law

Divorce

A person (or both parties jointly) may apply for a divorce in the Family Law Courts if either party to the marriage is an Australian citizen, domiciled in Australia and is a resident for one year immediately preceding the filing of the application for divorce.

The main legal ground for divorce is the irretrievable breakdown of marriage. This is proven by showing that the parties have separated and lived separately and apart for a period of at least 12 months immediately preceding the date of filing the application or an aggregate period of 12 months with only one resumption of cohabitation (not exceeding three months) within that period. Cohabitation is defined as living together as a couple. Living together as a couple is often evidenced by joint bills, cooking and cleaning for each other, the existence of physical/emotional intimacy and other factors. The Court must be satisfied that the parties have been separated for 12 months and that it is unlikely that the parties will resume cohabitation.

An application for divorce cannot be filed within two years of the marriage without permission from the Court unless a Family Dispute Resolution certificate is filed with the application; however, there is an exemption for this under certain circumstances.