In order to apply for a 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 the married life.
It is possible, for the purpose of establishing separation, to have lived together in the same home and still be separated.
You are able to apply for a divorce in Australia if 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.
- To apply for a divorce, you must complete an Application for Divorce form and file it with the Court. The Court will charge you an application fee. Depending on your circumstances, you may be eligible to pay a reduced application fee.
An Application for Divorce can be applied for jointly with your spouse or can be applied for individually by one spouse.
RMB Lawyers are able to provide you with assistance in completing the Application for Divorce and/or attend Court on the day. RMB generally charge a fixed fee for this service.