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There is only one ground for divorce under Australian law and that is 12 months separation. There is no requirement to obtain the divorce unless you wish to re-marry.
There are five matters the Court needs to be satisfied with before granting a divorce, they are:
- That the parties have been married (file marriage certificate with the divorce application).
- The parties have been separated for a period of 12 months or more.
- Either or both of the parties have an attachment to Australia either by birth, citizenship, domicile or being resident for a period of 12 months (file citizenship certificate as proof).
- A divorce application needs to be served and brought to the attention of the other party.
- In the event that the parties have children, proper arrangements for the children should have been made.
Following a divorce, the parties have 12 months to commence proceedings to divide their property or to apply for spousal maintenance.
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