The Divorce Process
Making the very personal decision to divorce can be very difficult for many people. Not all relationship breakdowns must result in divorce and it is important that you are comfortable with the decision you have reached and understand that the decision is yours to make.
At Corney & Lind we aim to guide you through the process one step at a time.
Steps for a Divorce
1. Am I eligible for divorce?
A. Connection to Australia
To be eligible, one or both of you must have one of the following jurisdictional connections to Australia:
- Be an Australian citizen; or
- Reside in Australia and consider it your home indefinitely; or
- Have resided in Australia for 12 months prior to applying for your divorce.
You can still apply for a divorce even if you got married overseas, as long as you (or your spouse) meet one of the above criteria.
2. 12 Month Separation
Additionally, you must have been separated from your spouse for a minimum of 12 months. This is required to help prove that there is no reasonable likelihood of resuming married life. Whilst you must prove your marriage cannot be resurrected, it is not necessary to prove someone is at fault.
If you have periods of reconciliation/cohabitation that last longer than 3 months during the 12 month period, the time spent apart prior to reconciling is not considered part of your 12 month separation. If you have decided after a period of reconciliation that lasted longer than 3 months that you still want a divorce, the clock will start running from the time you separate again.
If periods of cohabitation last less than 3 months you may be able to join prior periods of separation and periods after cohabitation together to fulfill the required 12 months separation period.
