In Australia, divorce is a "no-fault" process, meaning you don't need to prove wrongdoing, and the only requirement is that the marriage has irretrievably broken down, evidenced by a 12-month separation.
Here's a more detailed breakdown of Australian divorce laws:
Grounds for Divorce:
Irretrievable Breakdown:
The sole ground for divorce is the irretrievable breakdown of the marriage.
12-Month Separation:
You must have been separated for at least 12 months and one day to be eligible for a divorce.
No Fault Required:
You don't need to prove that the other party is at fault or responsible for the marriage breakdown.
Who Can Apply for Divorce?
Australian Citizens or Residents:
You can apply for a divorce if you are an Australian citizen or resident, or if you regard Australia as your home and intend to live there indefinitely.
12 Months Residency:
You must have lived in Australia for 12 months immediately before filing for divorce.
How to Apply for Divorce:
You can apply for a divorce by yourself (sole application) or together with the other party (joint application).
Financial and Property Matters:
Property Division:
When a marriage ends, the assets and property acquired during the marriage are subject to division between the parties.
12-Month Time Limit:
Most financial/property proceedings must be started within 12 months of the divorce order taking effect, unless otherwise agreed.
Spousal Maintenance:
Spousal maintenance may be ordered in certain circumstances, where one party can demonstrate a need for financial support and the other party has the capacity to provide it.