Domicile, citizenship and ordinary residence

Section 39(3) of the Family Law Act 1975 sets out the jurisdictional requirements to file an application for divorce. The applicant or respondent must be:

• • an Australian citizen, by either birth, descent or by grant of citizenship;
• • ordinarily domiciled in Australia; or
• • ordinarily resident in Australia and has been so resident for one year immediately preceding that date.

If the applicant was born in Australia but is currently living overseas, they can file proceedings for divorce in Australia as "an Australian citizen".

See Domicile, citizenship and ordinary residence.