Can I apply for a divorce?

For the court to have jurisdiction, one party must satisfy at least two of the following:

• You regard Australia as your home
• You intend to live indefinitely in Australia
• You have lived in Australia your entire life
• You are an Australian citizen
• You have lived in Australia for 12 months immediately before filing your divorce application

You must show the Family Court that:

• You have been separated for a period of at least 12 months; and
• There is no chance of reconciliation
• If it has been less than two years since you married and you want to apply for divorce, you must obtain a counselling certificate or provide an affidavit to the Family Court requesting permission to file your divorce application

Note: in relation to your period of separation of one year, if you have lived together as husband and wife for 1 period of up to 3 months after separating then you can use the periods of separation before and after living together again as husband and wife to calculate the required 12 months’ separation for divorce.