According to Australian law, a no-fault system applies to divorce. This means that the Court
is not concerned about what grounds have given rise to the separation. Filing an application
for divorce must be done through the Federal Circuit Court of Australia. In order to be
eligible for divorce, you must be either an Australian citizen, or have lived in Australia for
least 12 months, or regard Australia as your home and you intend to live in this country
For the divorce application to succeed, the court must find that the marriage has
irretrievably broken down and that there is no reasonable likelihood of re-conciliation. The
parties must be separated for a period of at least 12 months; however, the Court will also
grant a divorce in circumstances where the parties are living in the same property but have
become ‘separated under the same roof’. In these circumstances, the Applicant/s must file
an affidavit highlighting the circumstances around their separation. Also, an independent
person is required to file an affidavit in order to satisfy the Court that a genuine separation
A divorce can either be made solely, or jointly. In cases of a sole application, the applicant is
required to serve the divorce application on their spouse as failure to do so will result in the
Divorce Hearing being adjourned.
In circumstances where an applicant has attempted to serve their spouse however the
spouse is unwilling to accept service or the applicant is unable to obtain their spouse’s
residential address, an application for substituted service or dispensed service can also be
made to the Court.
Assuming that service has been affected by the Applicant, a Divorce Order will be granted by
the Federal Circuit Court 30 days after the Divorce Hearing.
Should you need assistance with a divorce application, I can file the necessary documents
and represent you in Court and provide valuable advice regarding serving your spouse.