Divorce (or the dissolution of marriage) is the termination of a marital union, the canceling of the legal duties and responsibilities of marriage and the dissolving of the bonds of matrimony between a married couple. The legal process of divorce may also involve issues of alimony (spousal support), child custody, child support, distribution of property, and division of debt.
You can apply for a divorce in Australia if either you or your spouse:
- regard Australia as your home and intend to live in Australia indefinitely, or
- are an Australian citizen by birth, descent or by grant of Australian citizenship, or
- ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.
You need to satisfy the Court that you and your spouse have lived separately and apart for at least 12 months, and there is no reasonable likelihood of resuming married life. It is possible to live together in the same home and still be separate.
If there are children aged under 18, a court can only grant a divorce if it is satisfied that proper arrangements have been made for them.
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