The breakdown of a marriage is difficult for many people to navigate. Let us support you during the divorce process.
What is Divorce
Divorce is the legal process by which a marriage between two people is ended.
Following the breakdown of their relationship, spouses may wish to formally end their legal relationship with one another. Since the introduction of the Family Law Act in 1975 there has been a ‘no fault’ to divorce. This means that the Court will not need to inquire into the reasons why the marriage has broken down to grant an Order for divorce. The only ground which must be proven is that the marriage has ‘irretrievably’ broken down, that is that there is no possibility that the parties will reconcile.
Disputes Arising from a Marriage
Whilst an Order for divorce will put an end to the marriage, it does not mean that all issues arising from the marriage are also at an end. The parties may have other matters that require resolution such as child support, parenting arrangements and property settlement.
When Can I Apply for a Divorce
You can apply for divorce in Australia if either you or your spouse:
- Consider Australia to be your home and intend to live indefinitely, or
- Are an Australian citizen,
- Ordinarily live in Australia and have done so for 12 months immediately before filing for divorce
You are not eligible to make application for divorce until, you and your spouse have lived separately and apart for at least 12 months (including living separately under the same roof). Same sex couples can apply for divorce so long as the marriage is recognized in Australia. If there are children of the marriage under the age of 18, the Court will only grant a divorce if satisfied that there are adequate arrangements in place for the ongoing care of the children.
What Do I Need to Apply for a Divorce
In order to apply for divorce, you will need the following:
- Marriage certificate, and if it is not in English, a translation of the marriage certificate by a certified translator;
- Proof of Australian citizenship, passport, or visa; and
- Counseling certificate if you and your spouse were married for less than 2 years
An application for divorce can be made or both. If the application is made by one of the parties, that party must serve the divorce application on the other party. A joint application for divorce is signed and completed by both spouses.
When Does the Divorce Come into Effect
When the application for divorce is filed, the divorce hearing will be scheduled before a judicial officer in the Federal Circuit and Family Court of Australia. In a sole application for divorce, parties must attend the divorce hearing in case the non-filing spouse wishes to contest the divorce Order being made.
After the divorce hearing, an Order for divorce is granted one month and one day from the day of the divorce hearing.
Our Services
If you require assistance in applying for divorce in Australia, we can help you, we are experienced in drafting sole and joint applications divorce.
This Service includes:
- Comprehensive initial consultation with our Senior Associate
- Drafting a sole or joint application for divorce
- Representing you in contested divorce hearings if necessary
- Expert preparation of your case and representing you at every stage
To book a consultation with our Senior Associate click here.
