Level 5, 170 Queen Street, Melbourne, VIC, 3000
Phone: 03 8602 2000 Email: admin@schetzerconstantinou.com.au
FAQ: Divorce
- When can I apply?
- When should I apply?
- My spouse doesn't want to get divorced, what do I do?
- We were married overseas, can we get divorced here?
You have to be separated for 12 months or more before you can apply for a divorce.
You can get back together for one period of up to 3 months before the 12 months must begin to run again.
You can apply whenever you want after the 12 months of separation.
However, be aware that you only have a further 12 months from the date your divorce becomes final to apply for a property settlement if you haven't done so already.
Your spouse doesn't have to agree to the divorce.
Your spouse cannot stop the divorce unless you haven't met one of the basic criteria such as 12 months separation.
If your marriage was recognised overseas and does not offend Australian public policy it is recognised in Australia and you can be divorced here provided that one of you:
- Regards Australia as your home;
- Intends to live indefinitely in Australia
- Is an Australian Citizen and
- Ordinarily lives in Australia and has lived in Australia for 12 months immediately before the application for divorce.