I often receive enquiries from people who are living overseas asking if they are eligible to divorce in Australia.

The criteria for eligibility is clear and simple.

Eligibility criteria

To have your divorce application heard, and orders made in the Australian Family Law jurisdiction, one or both parties must be able to establish at least one of the following criteria: 

1. Australian Citizenship

If either of the parties is an Australian citizen, then even though they are not living in Australia, they are entitled to file an Application for Divorce in Australia.

2. Domiciled in Australia

Being domiciled in Australia, means a person has effectively left their previous country of residence with the intention of making Australia their permanent place of residence for an unlimited time; for example if someone had left their previous country, moved to Australia, and ended their association with the previous country by selling up assets, closing bank accounts, with the intention of starting a new life in Australia. If you are living overseas but your spouse is domiciled in Australia, you can file an Application for Divorce in Australia.

3. Ordinary Resident of Australia

If you are living overseas but your spouse has been ordinarily resident in Australia for 12 months immediately prior to you filing the Divorce Application, you can file an Application for Divorce in Australia. 

Other factors to consider

It is important to remember that unlike other some countries such as the UK and the USA, in Australia, we operate in a 'no-fault' jurisdiction and you do not need to prove grounds for divorce other than one or both parties believe the marriage has irretrievably broken down.

In all cases, in order for an Application for Divorce to be granted in Australia, you must have been living separately for at least 12 months.

Property settlement is a separate legal process and a stand-alone application to the Application for Divorce. Ordinarily, if you and your ex-spouse are unable to reach agreement on a property settlement, you have 1 year from the date your Divorce Order is made final to file an Application for Property Orders with the Court.

You may also be interested in learning:

How long does it take to get divorced in Australia?

How to get divorced in Australia

What is a Property Settlement?

What is included as property to be split?

Contributions made after separation: Why quick settlements can be vital

Documenting agreements in family law: parenting plans, consent orders and binding financial agreements

Serving divorce papers: A quick how to guide

Sample affidavit of independent witness to person living separately under the same roof

If you have decided to end your relationship, you should start to educate yourself.  I know the overwhelming feelings of making these decisions and facing your new realities. My book, The First Steps through Separation and Divorce will guide you through the emotional and practical aspects you may need to address in the coming weeks, months and years.