Jurisdiction for Divorce

You can apply for a divorce in Australia even if you were not married in Australia. The fact that you were married in Australia however is not sufficient alone to establish the grounds of jurisdiction for an Australian divorce. For the Federal Circuit Court of Australia to have jurisdiction to grant a divorce, at least one of the parties to the marriage, at the date on which the Application for Divorce is filed, must be able to demonstrate a connection to Australia.

This is done by fulfilling one or more of the following requirements as set out in section 39 of the Family Law Act 1975, that either party to the marriage:

1. Is an Australian citizen by birth or descent;
2. Is an Australian citizen by grant of Australian citizenship;
3. Regards Australia as their home and intends to live indefinitely in Australia;
4. Is ordinarily resident in Australia and has been so resident for 1 year immediately before filing the Application for Divorce.

The Court is strict on the ground of jurisdiction and parties should provide as much information as possible to support an Application for Divorce that is based only on one of the above four criteria, particularly if neither party is an Australian citizen. If it is a sole Application for Divorce and you are relying on the other party to fulfill one of the requirements, then establishing jurisdiction may be difficult if the other party is uncooperative and you are unable to obtain documents to prove one of the requirements.

Prime Lawyers can assist you in applying for a divorce and can ensure that the proper documents and information are provided to the Court with your Application for Divorce to establish jurisdiction.

We have offices in Sydney, Chatswood, Parramatta, Sutherland and Wollongong.