How do I get a divorce?The parties apply for a divorce by making an application to the Federal Circuit and Family Court of Australia. In order to make an application, the parties must meet a specific eligibility criteria:
1. Either you or your spouse must:
a. regard Australia as your home and intend to live in Australia indefinitely;
b. be an Australian citizen by birth, descent or a grant of Australian citizenship; or
c. be an ordinarily live in Australia and have done so for 12 months before filing for divorce.
2. The marriage must be broken down, and there is no reasonable likelihood that you and your spouse will get back together; and
3. You have been separated for a continuous period of 12 months or more.