In Australia, the only grounds needed to apply for divorce is ‘irreconcilable differences’. No party needs to prove the ‘fault’ of the other party to obtain a divorce.

There are some criteria that must be met when applying for divorce in Australia:

• You must be an Australian citizen, OR have been living in Australia for the last 12 months;

• You must have been married for over 2 years (or you will be required to undergo marriage counselling);

• You must have been separated for 12 months;

• And if you have children, you must have an appropriate parenting plan in place

There is no discretion of the court in relation to divorce and so ALL of the above need to be proven before the Court will grant your divorce.

Disputes regarding property and children of a de facto relationship are dealt with in a similar manner to married couples.

In regard to financial settlement orders (including spousal maintenance), applications must be made within 2 years of separation.

Further information: https://www.fcfcoa.gov.au/fl/pubs/defacto