In Australia, there is no such thing as an instantaneous or a fast divorce, you can divorce after being separated for 12 months.
It is important to note that Divorce is the official ending of a marriage and does not deal with financial matters or parenting arrangements, it simply recognises that a marriage has ended. You are required to obtain a divorce order before you can remarry.
To successfully apply for a divorce order, you need to satisfy the Court that your marriage has broken down irretrievably and there is no likelihood that you and your former spouse will reconcile. The reason for the breakdown of the marriage is not relevant as we have a no-fault divorce system in Australia.
Can I apply for a divorce?
You can apply for a divorce in Australia if either you or your spouse:
- regard Australia as your home and intend to live in Australia indefinitely, or
- are an Australian citizen by birth, descent or by grant of Australian citizenship, or
- ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.
You need to satisfy the Court that you and your spouse have been separated for at least 12 months, and there is no reasonable likelihood of resuming married life. It is possible to live together in the same home and still be separated.
Same-sex couples whose marriages are recognised can access Australia’s divorce system if they meet the requirements for divorce under the Family Law Act 1975.
Wiltshire Family Law can assist you with all your queries regarding your divorce regardless of your relationship type.
Contact us confidentially today via email or on 13 20 30 and we can discuss with you our fixed fee options for the preparation of your application and supporting evidence. We offer a free initial consultation and have a highly trained team of specialist family lawyers to assist you.