What are the main requirements for obtaining a divorce?

Australia has a “no fault” divorce system, which means that the law does not allocate blame to any party for the marriage breakdown.

You may only apply for a divorce in Australia if there has been an “irretrievable breakdown of marriage”. You need to satisfy the court that you and your spouse have been physically separated for a minimum period of twelve months and there is no likelihood that you will be reunited as a couple. It is possible for couples to be separated and remain living in the same premises. Please ask your lawyer about these circumstances.

You or your spouse may apply for a divorce if either of you is an Australian citizen, by birth or descent, or a resident of Australia or consider Australia as your home, having lived in Australia for twelve months prior to filing for a divorce.

A divorce does not mean you have agreed on a property settlement or parenting orders. These are separate issues which must be finalised within twelve months of obtaining a divorce unless you obtain leave of the court.