A Guide To Divorce in Australia

Please be aware that this guide is meant as general advice. For information which relates specifically for your own situation, we advise that you consult with a legal practitioner.

What’s divorce?

Divorce is the legal affair recognizing the permanent breakdown of a marriage. It happens after an application is made to the national court. Provided that the prerequisites set out in the Family Law Act 1975 (Commonwealth) are fulfilled, the court is likely to produce a divorce arrangement. The divorce will probably be finalized a month and one day later that court order was created.

Notice that the law regarding divorce is regulated by commonwealth legislation (that’s law for each of Australia) instead of state/territory legislation and so applies in each nation and territory. The legislation treats same-sex and opposite-sex marriages alike in regards to divorce legislation.

What’s the date of separation?

There’s not any hard-and-fast-rule for the court to ascertain when a separation started. It has to make an overall decision based on the facts of the specific case. The family court has emphasized it isn’t only physical separation, but separation of the marriage relationship itself which is the important factor. In ascertaining when this has taken place, the court will look to the aims and activities of their spouses, together with the specific factors that apply based upon the marriage in question.

What’s the divorce application process?

You might submit an application for a divorce on your own (called an ‘only application’), or collectively as a few (called a ‘joint program’). The program requirements are somewhat different, based on the sort of application. In one program, just 1 party should submit the program. They need to then file the program with a corresponding ‘affidavit’ (a sworn statement for submission to the courtroom). Additionally, the program has to then be ‘served’ on another party, which may be performed either in person or by post.

What about an overseas marriage?

If you’re married abroad, you may still submit an application for a divorce in Australia. Notice, however, that one or other of the spouses must satisfy with the citizenship or residency requirements summarized previously in section.

Note also you will be asked to present the court with a copy of your marriage certificate. When it’s in a different language, it has to be interpreted into English and accompanied by an affidavit from the translator.

Imagine if I’ve been married for over a couple of decades?

A program for divorce in the marriage of less than two decades has slightly different needs. This program also needs the couples to reevaluate they’ve attended counselling. If one party fails counseling, it’s still likely to apply for a divorce, however, the applicant will want to create reference to the in their corresponding affidavit.

Do I need a Attorney?

A divorce program could be created, along with a divorce order allowed without the requirement for either partner to engage a lawyer. However, since divorce and any corresponding property settlement may considerably impact your legal situation, it can be very helpful to find advice on the particulars of your specific case.

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