When can you get a divorce in Australia?

There are a few criteria you must meet if you want to apply for a divorce in Australia.

If you are concerned about whether you are eligible to apply for a divorce, please contact us with any questions.

1. Separated for 12 months

You must be separated for at least 12 months before you can apply for a divorce.

There are no exceptions to this rule.

2. You must meet the following ‘eligibility’ criteria

You can apply for a divorce if you or your spouse meet one of the following requirements:

3. No chance of reconciliation

you (or your spouse) are an Australian citizen by birth or descent. (By ‘descent’ means someone born outside Australia, at least one of their parents was an Australian citizen, and their birth is registered in Australia.)
you (or your spouse) has been granted Australian citizenship.
you (or your spouse) are living in Australia lawfully and intend to continue living in Australia. You must provide evidence that you have been living in Australia for at least 12 months.

The court must be satisfied your marriage has broken down ‘irretrievably’ (permanently).

There is a question in the divorce asking “Do you think it is likely that you and the other party will live together again as a married couple?”

And that’s it!

If you meet the requirements above, you are eligible to apply for a divorce in Australia.

Don’t waste hundreds or even thousands on a lawyer when you can do your own divorce.

We can quickly provide everything
you need to arrange and manage a simple divorce.