This document creates an application for divorce for parties to a marriage who are eligible to apply for a dissolution of marriage.
It does not determine issues between the parties of financial support, property distribution or arrangements for children - it simply recognises that the marriage has ended.
To be eligible to apply for a dissolution of marriage:
1️⃣ The marriage must have broken down irretrievably and there must be no reasonable likelihood of cohabitation between the parties being resumed;
2️⃣ The parties must have separated and thereafter lived separately and apart for a continuous period for at least 12 months and 1 day [Parties to a marriage may be held to have separated + lived separately & apart notwithstanding that: the cohabitation was brought to an end by the action or conduct of one only of the parties; and/or they have continued to reside in the same residence …]; and
3️⃣ At least one of the parties must meet the criteria for Australian citizenship or residence.
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