The ‘no fault’ principle
Divorce in Australia follows the no-fault principle, which was established by the Family Law Act 1975. This means that the court does not need to know the reason for the divorce, just that the marriage has broken down irretrievably.
When can I apply for a divorce in Australia?
To apply for divorce in Australia, you and your spouse must have separated at least 12 months ago. One of you must be an Australian citizen, or be living in Australia and regard Australia as your home.
If you have been married for less than two years you will also have to participate in counselling to discuss the possibility of reconciliation, prior to making the divorce application.
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