Can you even get a divorce yet?

According to the court website, to be eligible to apply for a divorce in Australia, you or your spouse must answer yes to at least one of the following:

  • Regard Australia as your home and intend to live indefinitely in Australia – lawfully present in Australia and intend to continue living in Australia.
  • Are an Australian citizen by birth or descent – born in Australia or outside Australia and at least one parent was an Australian citizen, your birth was registered in Australia.
  • Are an Australian citizen by grant of an Australian Citizenship.
  • Live in Australia and have done so for 12 months immediately before filing for divorce – have lived continually in Australia for a period of 12 months immediately prior to filing for divorce, not including overseas holidays or business trips.


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