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 lived separately and apart for at least 12 months and one day, and there is no reasonable likelihood of resuming married life. It is possible to live together in the same home and still be separated.

In Australia, the court does not consider why the marriage ended, that is a so-called no-fault divorce principle. The only grounds for divorce is that the marriage has broken down irretrievably. That is, that there is no reasonable likelihood that you will get back together.

If there are children aged under 18, a court can only grant a divorce if it is satisfied that proper arrangements have been made for them. You can only oppose the divorce where: there has not been 12 months separation as alleged in the application, or the Court does not have jurisdiction.

Whatever your circumstances, you can seek representation and expert guidance from Impetus Lawyers.