In Australia, since 1975, divorce is a determination made without need of or regard to, any fault of either party.

The Court must have jurisdiction to grant a divorce. The Court will be able to grant a divorce if either party can satisfy one of the following criteria:

  1. Is an Australian citizen;
  2. Regards Australia as their home;
  3. Ordinarily lives in Australia and has done so for 12 months prior to the Application for Divorce.

An application for divorce order in relation to marriage shall be based on the ground that the marriage has broken down irretrievably. A divorce application will only be granted if the court is satisfied that the parties have separated and thereafter lived separately and apart for a period of not less than 12 months immediately preceding the application. The court must also be satisfied that if the parties have children under the age of 18 then proper care arrangements are in place in relation to those children.

Perth Family Lawyers are able to assist clients in all the steps associated with making or responding to an application for divorce. Our dedicated staff will ensure that all necessary steps in relation to the legal consequences of divorce are taken and time limitations are met.

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