Spouses can make an application for a divorce after 12 months and 1 day from their separation date. This can either be a joint application, where both parties make the application together, or a sole application, where one party makes an individual application. To have a successful application in Australia, the marriage must have broken down with no likelihood of getting back together. There is no need to establish that one spouse was “at fault” for the breakdown of the marriage.
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