Making the difficult decision to dissolve a marriage requires making difficult decisions based on emotions. Although filing for divorce is a relatively straightforward process, there are extra concerns like asset distribution and child custody. This can make concluding the divorce and ending the partnership difficult.
You might have questions about divorce, including your legal options, rights, and obligations, if you’re going through or considering divorce. It is always important if you need more personalized answers to speak with a lawyer such as divorce lawyers melbourne.
In this article, we will discuss the 10 things you need to know about divorce in Australia.
1. Applying For A Divorce
In order to submit an online application for a divorce in Australia, you must first register on the Commonwealth Courts Portal. You can file for divorce either on your own (single application) or jointly with the other parties to the marriage.
2. Evidence Needed For Your Divorce Application
When you apply for a divorce you will be asked to provide the following information.
- An application for divorce form that has been verified by authorized witnesses.
- For a marriage under two years, you will need a counseling certificate.
- Photocopy of your marriage certificate.
- Proof that you are Australian citizens – This includes an Australian passport or visa or an Australian citizenship certificate.
3. Circumstances For Divorce
The “no-fault divorce” premise was introduced in Australia by the Family Law Act of 1975 (Cth). Wherein the sole basis for divorce is the unrecoverable breakdown of the marriage, which must be proven by a separation of at least 12 months.
If the court is convinced that there is a plausible chance that the couple will be married again, it will not grant a divorce.
4. Length Of Marriage To File For Divorce
Before submitting an application for divorce, if you have been married for no more than two years, you must attend counseling to explore any potential reunion. After completing counseling, if you still plan to file for divorce, you must submit an application along with a copy of your counseling certificate.
5. When Can You File For Divorce?
The Family Court of Australia and Federal Circuit Court only accepts divorce applications from parties who have been apart for at least a year. The 12-month eligibility deadline will reset, and you won’t be eligible to file for divorce for an additional twelve months if both parties reconcile for three months or longer.
6. How Much Does A Divorce Cost?
When requesting a divorce, you must pay:
- A court filing cost ($990), but if you possess particular governmental concession cards or can show financial need, you may be entitled to a reduced price of $330.
- Service charges if you submitted a sole application.
- If you don’t have the original, a certified replica of your marriage license is needed.
- Any other necessary legal expenses that may occur.
7. Length Of Obtaining A Divorce
In Australia, it typically takes a minimum of 4 months between the moment your application is submitted to the court until you receive a Divorce Order. The procedure could, however, take longer if there are legal problems.
8. What Happens If You Married Outside Of Australia?
If you were married abroad, you can still be eligible for a divorce. This applies if you or your spouse is an Australian citizen, a permanent resident, or if you’ve resided in Australia for at least a year before applying for a divorce.
You must attach a certificate or another official document from the marriage registry in the nation where you were married as proof of your abroad marriage to your application.
9. Do You Need To Go To Court?
There are particular circumstances where you could be required to present in court for the divorce application. One instance is if you submit a single divorce filing and have kids who are under the age of 18.
The majority of the time, court appearances are made via telephone or video conference, and hearings frequently last little longer than 10 minutes.
10. Does Your Partner Have To Agree To A Divorce?
Your spouse doesn’t have to agree to the divorce, as you can file a sole application. If the court determines that there is little chance of reconciliation and that the marriage has irreparably broken down, it will grant a divorce.
Legal advice is always helpful if you are considering getting divorced. We hope this article has made things clearer. You are now aware of the 10 things you need to know about divorce in Australia.
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