Family Law Library

Who is allowed to divorce in Australia?

There are three requirements for divorcing in Australia:

  • You are an Australian citizen by birth or descent (one or both parents are Australian) or Australian citizenship was granted to you OR;
  • You must consider Australia your home and currently be living in Australia and intend to live in Australia indefinitely, OR;
  • You ordinarily live in Australia and have lived in Australia for 12 months immediately before filing for divorce (even if you took short holidays or business trips overseas).