Establish Eligibility for Divorce

Establish Eligibility for Divorce

Firstly, the Australian courts must have the authority to end the marriage, in other words, the person applying for divorce must be:

• an Australian Citizen
• born in Australia
• a Permanent resident, or
• has an intention to stay in Australia

Proof of the marriage is necessary. A Marriage Certificate will need to be filed.

The third criteria according to the Family Law Act 1975, is that the marriage has broken down and there has been a period of separation for 12 months or greater. In the event separation has not been for 12 moths, that is, both parties have occupied the same residence in that 12 month period, an Affidavit must be filed. An Affidavit is treated as evidence by the court, and is a written statement given under oath. It goes to prove separation for a period 12 months or greater, despite a co-habitation and is preferably given by a third party, like a family member or a mutual friend. This statement must show that that there has been a break-down and that both parties have a wish to end the marriage.

A period of two years marriage is required to apply for divorce. If partners have been married for a period shorter than two years the person filing for divorce can postpone filing for divorce until the two years has elapsed, or both parties can attend counselling session to prove irreconcilable differences.

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