Prior to 2003, applicants had a choice as to which court an Application for Divorce was filed, often filing in the court where proceedings were already pending in relation to property or parenting orders.

Since 2003, pursuant to a practice direction issued by the Family Court, all Applications for Divorce (in all states except Western Australia) are to be filed in the Federal Circuit Court notwithstanding that proceedings relating to both parties are pending in the Family Court of Australia.

In Western Australia, all Applications for Divorce are filed in the Family Court of Western Australia.

See Which court?

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 of citizenship);

• 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.

Notwithstanding that either the applicant or respondent are able to meet one of the above requirements, disputes sometimes arise in relation to the appropriate jurisdiction to hear and determine divorce proceedings. More often than not, this dispute arises when the parties are living overseas or have property overseas and the granting of a divorce in Australia will affect family law proceedings in an overseas country.

See Appropriate forum.