Family Court of Western Australia

Residency Requirement

One of the requirements you have to meet when applying for a divorce is the residency requirement.

Getting married in Australia is not enough to apply for a divorce in Australia, you must meet one of the above criteria.

You can apply for a divorce in Australia if either you or your spouse:

  • Regard Australia as your home and intend to live indefinitely in Australia.
  • Are an Australian citizen by birth or descent.
  • Are an Australian citizen by grant of an Australian Citizenship.
  • Live in Australia and have done so for 12 months immediately before filing for divorce.

If you are relying on citizenship or valid visa entitlements, you will need to provide a copy of the following documents as relevant to your situation:

  • Your citizenship certificate
  • Your birth certificate, or
  • Your passport, including the information you are relying on (for example, a date of arrival at least one year prior. or a valid current visa).

If you married overseas

If you were married overseas, you can apply for a divorce in Australia if either you or your spouse meet one of the requirements mentioned above.

If your marriage certificate is not in English, you need to file an English translation of it, and an affidavit from the translator. There is a form for the translator to complete called Affidavit - translation of marriage certificate.

Last updated: 16-Apr-2018

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