Divorce only applies to married people.
Parties may be separated but living under the same roof. To obtain a divorce you must prove that your marriage has irretrievably broken down and that you have been separated for a continuous period of more than 12 months before making a divorce application. Parties can reunite for up to three months in an attempt to reconcile without jeopardising a prior period of separation. Where the parties have been married for less than two years they can only obtain a divorce where they have attended a counselling session or where there are special circumstances. Either party may file for divorce without consent.
Where you apply for a divorce you must be able to show that there have been satisfactory arrangements made for children under 18 years old. You cannot lodge a divorce application unless you or your partner are an Australian citizen, permanent resident or have been living in Australia for not less than 12 months before lodging the divorced application. A divorce application can only be filed with the Federal Magistates Court of Australia and the current filing fee as at 1st July 2006 is $639 which may change at any time so you will need to check this. It is best to retain the services of a lawyer to deal with your application.
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