Divorce is the legal ending of a marriage. The process can be traumatic and emotionally challenging as there’s a lot to consider from financial matters, property assets, and care for the children. You don’t need a particular reason to apply for a divorce in Australia. The only grounds for divorce are irreconcilable differences between the partners, which a 12 months’ separation can confirm. Australia operates under the no divorce act established in 1975. While divorces in Australia might not be the same, all will follow a similar process. Let’s walk together.
Check Your Eligible
The first step for a divorce in Australia involves confirming your eligibility for the process. Before making your application, you have to verify to the courts that:
You have been separated from your spouse for at least 12 months before the application
You’re currently legally married
There are irreconcilable differences in the relationship
To prove this, you need to provide documentation to the Family Court, including marriage certificates or equivalent marriage documentation.
Decide if you are going to file a sole application or a joint application
Before you start the judicial separation process, parties will have to decide whether to file a joint or sole application. It is essential to understand the terms of the method you choose; each procedure has different obligations.
Complete your Application
Over the decades, applying for a divorce has been streamlined and refined in Australia. Applicants can find divorce applications in the divorce kit located on the Family Courts Australia Website. The applications must be fully signed and witnessed by a lawyer or a justice of the peace.
File your Application
Once the divorce papers are complete and witnessed by a justice of the peace, you’ll have to assemble supporting documents like your marriage certificates. After that, you can submit the documents at the local Family Court by registering with Commonwealth Courts Law portal. The standard fee to apply for a divorce is $865 as of July 2020.
Receive your Court Hearing Date
Once you have filed your application and the fees settled, a sealed copy of your application form stating your hearing date will be available from the portal. The documents are officially stamped by the courts and are referred to as sealed documents.
Serve your Application on the other Party
You must ensure that your spouse is served with court application documents at this stage. This is usually undertaken by a third party where you can either use someone you know or a person whose job is to serve documents like a service agent. For the divorce process to continue, you must prove to the courts that the court’s documents were personally given to the other party.
This involves the hearing for your application for divorce. It’s not automatic that you attend your court hearing for divorce in Australia. Sole applicants with no children under 18 don’t need to attend hearings. Also, if you made a joint application, you don’t need to attend court. However, if you registered for a sole application and have children under 18, you must be present at the hearing court.
One month after the divorce hearing, your divorce order will reach the end. In this stage, your divorce certificate will be uploaded to your portal by the Commonwealth Court for you to download
About the Author:
Kim Hemphry is a passionate expert in the areas of Legal Matters, learning and education. She has been featured on over 50 leading Legal and education sites and is a modern thought leader in the field. More about her interests and articles on her site – http://kimhemphry.com/