One of the most stressful events in a person’s lifetime can be a divorce, and the team at Affinity Family Lawyers aims to guide you through the process in a professional, caring manner to ensure that everything is finalised promptly and with as little stress as possible.

Provided that you meet one of the following requirements, you may be eligible to apply for a divorce in Australia:

  • You/your spouse are an Australian Citizen

by birth, descent or grant of Australian Citizenship;

  • You/your spouse regard Australia as your home and intend to live in Australia indefinitely; or
  • You/your spouse ordinarily live in Australia and have done so for 12 months immediately prior to filing for divorce.

In addition to satisfying one of the above criteria, you must also satisfy the Court that you have been separated for at least 12 months and one day (this may even be satisfied if you have separated while living under one roof, depending on the circumstances)

Depending on your individual circumstances, you may be able to file either a joint application (yourself and your spouse) or a sole application.    A sole application will take longer, and there are requirements which need to be followed in respect of personally serving a sealed copy of the application on your spouse prior to the hearing date if you choose this option. 

Furthermore, if you file a joint application you will not have to attend the hearing, even if there are children under the age of 18, however if you lodge a sole application, if you have a child/ren under the age of 18 you and your spouse will both need to attend the hearing.

Affinity Family Lawyers can provide you with professional advice in relation to your eligibility for divorce and can assist with drafting and filing the appropriate documentation on your behalf.  Please contact our office today to discuss your options with one of our friendly Gold Coast Lawyers on 5563 8970 or send an email to

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