Obtaining a Divorce Order in Australia is a relatively simple process. Neither party needs to prove "fault", the only requirements are to satisfy the Court that:
- One of the parties is an Australian citizen, domiciled in Australia or ordinarily resident in Australia and has been so for 12 months; and
- The parties have been living separately and apart for at least 12 months, and there is no likelihood of cohabitation being resumed.
A Divorce can only be opposed on the grounds that either of the requirements have not been satisfied.
Ms Devine was successful in opposing a Divorce on the grounds of forum non conveniens - that is, that the Family Court should not grant a Divorce Order on the basis that an international Court was a more appropriate Court to hear and determine the matter. This case was reported as:
- Russell & Russell (No. 5)  FamCA 917
- Ms Devine appeared in this matter on a pro bono basis due to the Wife's impecuniosity.