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Who can apply for a divorce?
You can apply for a divorce on your own. You don’t need your spouse’s permission and you don’t need their signature. You can also apply for a divorce together (a joint divorce).
It may come as a surprise, but you don’t have to be married in Australia to get a divorce here!
Connection to Australia
If you were married in Australia, that doesn’t mean you automatically qualify to apply for a divorce here.
Either you or your spouse must show a connection to Australia.
One of the following things must apply to either you or your spouse...
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You regard Australia as your home and intend to live in Australia indefinitely; or
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You’re an Australian citizen by birth or descent.
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You’ve been granted Australian citizenship.
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You ordinarily live in Australia and have been doing so for 12 months immediately prior to filing for divorce.
What next?
If you’re feeling a little overwhelmed and unsure where to start, we’re here to help. Our Separation Guide helps relieve the stress of not knowing what to do next. It will guide you through separation with a simple step-by-step approach.