Posted on: 27 April 2018
Divorce is one of the hardest things for people to go through, but sometimes a relationship breakdown is unavoidable. This can be hard to deal with emotionally, so it is important that you understand the start of the divorce application process to avoid making a hard situation harder. Your family lawyer will help you through these steps, but it pays to know how it works.
Satisfy The Requirements Of The Court
You will not be able to get a divorce in Australia unless you satisfy certain requirements of the court of law. The court should be satisfied that you and your spouse have been living separately for the last 12 months at least and that you both have no intention of getting back together. In order to be eligible, you or your spouse must also be an Australian citizen by birth or citizenship grant, plan to live indefinitely in Australia and have lived there for at least 12 months before you intend to file for divorce. Once you meet these court requirements, you will be eligible to file for divorce through your family lawyer.
Create The Divorce Application
You can either apply for the divorce along with your ex as a joint application or apply for it as a sole applicant. Joint applicants need not go to court, but sole applicants will need to visit the court. The application for divorce form needs to be filled out and requires a signature from a lawyer or Justice of Peace. If you go through a family lawyer, he or she will take care of this for you. This application form will be presented to the family court in your state or territory, along with the marriage certificate, divorce application fees and any other supporting documents. The court stamps this application and gives a date and time for the hearing.
Serve The Divorce Application To Your Ex
If you have applied for divorce on your own, you will need to serve your ex with the divorce papers. This should ideally be done via registered mail or by hand. If your spouse resides in Australia, you must serve these documents 28 days ahead of the hearing. If your spouse is overseas, you must serve these documents 42 days ahead of the hearing. The court will grant the divorce at the hearing if all conditions are met.
Divorce can be overwhelming for even the strongest people. A family lawyer can help ease your stress during this difficult time. Contact a family law firm for additional information.Share