A Divorce is a very simply process in Australia and can be done online through the Federal Circuit Court and Family Court website. There is also a DYI kit which can be downloaded which tells you step-by-step what needs to be done.
If your Divorce is not straight forward or if you are time poor, you may need the assistance of a lawyer to ensure everything is correctly filed. There is the option to apply for a Divorce by way of a sole application or a joint application.
When Can I Get A Divorce?
You must be separated for at least 12 months before you can apply for a Divorce. If you were married overseas, there are different requirements in relation to residency in Australia as well as the content of the Marriage Certificate.
If you have been married for less than two years before applying for a Divorce, there is a requirement to attend counselling.
A sole application is where one party wishes to apply for a Divorce by themselves. If you are making a sole application, you must serve your former partner with a copy of the Application along with other documents. This is usually done by a process server which incurs further expense. An Affidavit of Service is usually completed by the person who served the documents and this is then filed with the Court. If there are children under the age of 18 and you make a sole application, you will be required to attend Court on the Hearing date.
A joint application is a much easier and straight forward as the parties are in agreement for the Divorce. You do not need to serve the other party with the documents and, in most cases, you do not need to attend the Hearing date, even if there are children under the age of 18 years.
When Does A Divorce Become Final?
Once you have filed your Application for a Divorce, you will be set a Hearing date. This Hearing date is usually two to three months after your Application is filed. At the Hearing date, if your Divorce is granted, it will become final one month and one day after this Hearing date.
The Court may also require further information or documents before granting your Divorce so it is important that the Application is correct and that you have provided all of the required documentation.
How We Can Help
If you require assistance with your Divorce Application, please do not hesitate to contact us to discuss this further. Legal assistance can help the process run smoothly and ensure there are no unexpected surprises at your Hearing date.
Updating Your Will
If you have separated from your partner, it is important that you update your Will, or if you do not have a Will, that you have one prepared. Your former partner may be entitled to part of your Estate prior to a Divorce and this can also make things messy and complicated for your loved ones left behind.