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.Back to FAQ
The closest train stations are Town Hall, taking the Park Street exit, or St James Station, taking the Elizabeth Street exit. John R Quinn & Co. is on the corner of Park and Elizabeth.
Best parking is in the Domain parking station. Take the moving footway and cross Hyde Park to reach our offices.