Parties are often unsure whether they are able to apply for a divorce in Australia when their marriage has significant ties to another country, whether this is because the parties were married overseas, a party to the marriage is not an Australian citizen or during the marriage the parties lived overseas. However, you are entitled to apply for a divorce in Australia provided you, as the applicant, satisfy one of the following criteria:
1. You regard Australia as your home and intend to live indefinitely in Australia;
2. You are an Australian citizen by birth or decent;
3. You are an Australian citizen by grant of an Australian citizenship; or
4. You have ordinarily lived in Australia and have done so for 12 months prior to filing the divorce application.
Supporting Documentation
If you have been granted an Australian citizenship, you should file with your divorce application a supporting document, being either a copy of your Australian passport or other proof of citizenship.
If your marriage certificate is not in English it will also be necessary to file a translation of the marriage certificate. The person who translated the certificate will need to sign an affidavit setting out their qualifications and attach to the affidavit both a copy of the original marriage certificate and a copy of the translation.
