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Grounds for Divorce in Australia

In Australia, the ground for a Divorce is the irretrievable breakdown of a marriage. The evidence required is to demonstrate that the parties to the marriage have lived separately and apart for twelve (12) months and one (1) day.


It should be noted that in exceptional circumstances, parties can resume cohabitation for a period of up to three (3) months. Also, parties can be separated but still reside in one residence, or ‘under one roof’. The party alleging the separation will likely need to provide evidence as to why the parties continued to live ‘under one roof’ and corroboration that the parties were in fact separated during that time. This is normally done by a witness, other than the parties to the marriage giving evidence.

If the marriage is less than two (2) years in duration, then a divorce application should not be filed without ‘leave’ (permission) of the Court having first been obtained, unless a certificate is filed with the application that the parties have explored reconciliation through counselling.


If there are children in the marriage under the age of eighteen (18), then the Court will want to be satisfied that proper arrangements, in all the circumstances have been made for the care, welfare, and development of those children (except in exceptional circumstances).


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