How long do I need to be separated before applying for divorce in Australia?

Couples must be separated for at least 12 months before they can apply for a divorce through the Federal Circuit and Family Court of Australia.

Can I get a divorce if we are separated but living under the same roof?

Yes, couples can be considered separated even if they live under the same roof. However, you must provide evidence to the court, usually through affidavits, demonstrating that the relationship has genuinely ended.

What are the eligibility requirements to apply for divorce in Australia?

To apply, at least one spouse must be an Australian citizen, consider Australia their permanent home, or have lived in Australia for at least 12 months prior to the application.

How long after a divorce can I file for property settlement?

You have exactly 12 months after your divorce is finalised to file for property settlements or spousal maintenance. Missing this deadline may require special permission from the court.

Do I have to attend a court hearing for my divorce?

If you file a sole application and have children under the age of 18, you are generally required to attend a court hearing unless exceptional circumstances apply.