If you and your spouse have lived separately and apart for a continuous period of at least 12 months, and there is no reasonable likelihood of you resuming your married relationship, then you may be able to file an application for divorce.
The Court may still consider that you and your spouse have separated even where you have continued to reside in the same home after your relationship ended.
You can apply for an application for divorce in your sole name, or you can file a joint application with your spouse.
To apply for a divorce in Australia, either you or your spouse must:
- be an Australian citizen (by birth, descent or grant of citizenship); or
- regard Australia as your home, and intend to live in Australia indefinitely; or
- ordinarily live in Australia and have done so for 12 months immediately before you file your divorce application.
If you have children under the age of 18 and you are making a sole application for a divorce, the Court will require you to attend the hearing of your application.
Our family law team can assist with your Divorce, including preparing and filing your application for divorce in the Federal Circuit Court, serving a copy on your spouse (where you have made a sole application), and we will also represent you at the hearing of your application before the Court.
For over 60 years Finemore Walters & Story have provided caring, hands on advice to thousands of the region’s families, individuals, and institutions. Contact our Family Law Team today to discuss your divorce application.
Contact Us or call us today at (07) 4153 0000!