A de facto relationship is a relationship between two people who live together on a genuine domestic basis, and who are not married or related by family. This includes same-sex couples.
If you were in a de facto relationship, you don’t need to apply to for a divorce.
You can still apply to the Court for Parenting Orders and Property Orders.
For more information about negotiation a parenting agreement or property settlement, see Parenting and Finance and property.
Aboriginal customary marriages aren’t recognised as legal marriages in Australia - they are treated as de facto relationships under the law.
If you and your spouse were in an Aboriginal customary marriage, you don’t need to apply for a divorce.
You can still apply to the Court for Parenting and Property Orders.
For more information about negotiation a parenting agreement or property settlement, see Parenting and Finance and property.
You must have been separated from your spouse for at least 12 months before you can apply for a divorce. The 12 month period is calculated from the date of separation until the date the Application for Divorce is filed.
If you file an Application for Divorce before 12 months has passed, your application will be adjourned or dismissed.
You can still apply for a divorce if you and your spouse lived together as a married couple for one period of less than three months after separating.
You can count the first period of separation towards the 12 month minimum separation period. You can’t count the time you lived together as a married couple.
If you lived together as a married couple for more than three months after separating, you must begin counting the 12 months minimum separation period from the second date of separation. You can’t count the first period of separation towards the minimum separation period.
You can apply for a divorce in Australia if either you or your spouse:
If you were married overseas, you can get a divorce in Australia as long as:
Sometimes overseas marriages may be classified as de facto relationships depending on the validity of the ceremony in that country. If you are not sure if the marriage was valid, you should check your marriage status on your immigration papers or get legal advice.
If you were validly married, you must file a copy of your Marriage Certificate with your Application for Divorce.
If your Marriage Certificate is not in English, you will need to file an English translation and an Affidavit completed by the translator.
You may have to pay a fee to have your Marriage Certificate translated.
For more information about getting a translation of your Marriage Certificate, see Interpreting & Translation on the Multicultural NSW website.
If you can’t get a copy of your foreign Marriage Certificate, you should get legal advice.
If you and your spouse have a child under 18 years old, the Court needs to be satisfied that you have made proper arrangements for your child before it will grant you a divorce.
A child of the marriage includes:
You must include the details of arrangements in your Application for Divorce. The Court needs to be satisfied that:
Divorce and parenting are separate processes under the law. The Court does not make Parenting Orders or Property Orders at the same time as a Divorce Order.
For more information about negotiation a parenting agreement or property settlement, see Parenting and Finance and property.
If you are eligible to apply for a divorce, you need to get all your supporting documents together before your complete your application.
For more information, see Getting your supporting documents.
If you get a divorce in another country, it will be recognised in Australia as long as it was done in accordance with the laws of that country.
You will only need to apply for a divorce in Australia if you did not follow the laws of that country.
If you are unsure if the overseas divorce is recognised in Australia, you should get legal advice. For example, if you were only married religiously, then your relationship would be classed as de facto relationship and a divorce would not be needed.
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