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.

Related Articles

8 Tips to Find a Reliable UK Immigration Lawyer

8 Tips to Find a Reliable UK Immigration Lawyer It can be difficult to find a trustworthy UK immigration lawyer. These are our top tips...

Reddit Legal Advice: 3 Tips for Evaluating Online Legal Advice

Reddit Legal Advice: 3 Tips for Evaluating Online Legal Advice Although it's possible to find the exact answer to your legal questions on the internet,...

Truck Accident Lawyers

Truck accidents are one of the most devastating events that happen to people, and when you're involved in one, you need the best legal...

What is Legal Information?

What is Legal Information? Any person who is familiar with the law can give legal information. This is different from legal advice. It's simply a...

High Conflict Divorce & Family Law

High Conflict Divorce & Family Law Alberta's legal system and judicial system have made significant progress in encouraging parties and their families to choose Alternative...

Here are some tips to help you choose the best criminal defense lawyer

If you are arrested or accused of a crime, hiring a criminal federal defense lawyer is the best decision you can make. You might...

A Certified Intimacy Coach and Educator offers advice on how to get your partner to sex after divorce

A Certified Intimacy Coach and Educator offers advice on how to get your partner to sex after divorce Some people are eager to get back...

New York Personal Injury Lawyer

Personal Injury Lawyer We are here to assist you in resolving your matter Uncertainties are part of life as everyone is susceptible to an accident...

Personal Injury Lawyer LI – Get the Most Help

What Is a Personal Injury Lawyer? It is important to realize the process of making claims against an individual or an entity. These parties have...

Follow Us


Ask a lawyer: Can Bankruptcy Clear Judgments in Lawsuits?

Chapter 7 bankruptcy or Chapter 13 bankruptcy can help you to eliminate or reorganize...

Commercial vs. “Domestic Electrician”

What is the difference between Domestic Electrician and commercial electricians? The answer to this...

Various Kinds of Separation: Trial, Permanent, and Legal Separation

A separation is not exactly the same as a divorce. Separation means that you're...

Race Discrimination – “Gypsies” and Travellers

According to the Equality Act 2010, you can't be discriminated against based on your...

Real Estate Laws – Need a Map?

I am not going to go into any real estate laws in particular as...

Boosting Your Situation With the Very Finest Maritime Law Business

It turned out to be a quiet nighttime. While many others were napping from...

Subscribe ⇘

error: Content is protected !!