The main requirement in order to obtain a divorce in Australia is that a judge is satisfied that you and your spouse have been separated for 12 months. That period can include some time you might have spent separated but still living in the same house.
In Australia we have a “no fault” divorce system. That means that in order to bring a legal end to your marriage you are not required to prove that either of you are “at fault”.
If you have children the judge will also need to be satisfied that proper arrangements have been made for those children.
If you were married overseas, and you meet some residence requirements in Australia, then you may be able to apply for a divorce in Australia rather than returning to the country in which you were married to apply for your divorce.
These international divorces may have both advantages and disadvantages to you, we can advise you about those and help you decide where you might best apply for a divorce. It may be easier to meet the requirements for a divorce in Australia if the country in which you were married has, for example, requirements of proving fault before granting a divorce.
All sorts of complications can arise in applying for a divorce, although the process is designed to be a fairly straightforward one. We can assist you with applying for a divorce, particularly if you face some unusual or difficult circumstances such as not knowing where your spouse is or perhaps where there have been one or periods of attempted reconciliation throughout the 12 month period of separation you wish to rely on.
If you have a complicated divorce application, or you would just prefer a specialist divorce lawyer Gold Coast or Brisbane to handle the divorce application for you, then contact us, provide us with your details and we will be able to assist you further.
Otherwise the Federal Circuit Court provides a useful and easy to follow “do it yourself divorce kit” that you can download and use to apply for your divorce.