You can apply for divorce in Australia if you have been separated from your former spouse and have lived separately for 12 months and 1 day. Either you or your former spouse:

(i) Are an Australian citizen by birth, descent, or grant of Australian Citizenship;

(ii) Regard Australia as home and intend to live in Australia indefinitely;

(iii) Live in Australia and have done so for 12 months, immediately before filing the divorce.

Mediation is a process by which a mediator assists people to negotiate a satisfactory resolution agreeable by both parties. Through mediation, Courts are avoided. It is encouraged that parties engage in mediation as it avoids all the expensive costs and the longevity and stress of the Court process.

A Binding Financial Agreement can be done before, during or after a marriage or de-facto relationship commences. The documents are designed to protect the assets of each partner in the event of a relationship breakdown.

Prenuptial Agreements, or “prenups” is a written agreement entered into by a couple prior to or at the commencement of a marriage or de facto relationship.

You may want to consider one of these documents if you have specific assets, such as property or inheritance that you do not want your partner to take share of in the event of a relationship breakdown. If you do not have one of these documents and your relationship breaks down, you may need to commence negotiation and property settlement processes.