Wondering what the requirements are for divorce in Australia? Our divorce lawyers Brisbane Northside provide a guide to the process.
In Australia, we have a “no fault” divorce system. Unlike other countries, you do not have to prove any wrong doing on the part of your husband or wife to be able to file for Divorce.
The main requirement in Australia, is that the marriage has broken down irretrievably, that it is not reasonably likely that the parties will resume cohabitation. To demonstrate that there is no likelihood of reconciling, you must live separately and apart from the other party for a period of at least 12 months.
There are a few different variations of this, such as parties who live separately and apart, but “under the one roof”, and parties who reconcile for a short period before again separating, but who have lived separately and apart for a total period of more than 12 months. It’s important to remember though, that if you get back together for more than 3 months and then separate again, the 12 month separation period will start again.
If you fall under one of these categories and you’re uncertain as to whether you will be eligible to apply for Divorce, why not make use of our free 15-minute telephone conversations to get some clarity.
Apart from living separately and apart for a period of at least 12 months, in order to apply for a divorce in Australia, at least one of the parties to the marriage must be:-
- An Australian citizen; or
- Ordinarily resident in Australia, and has been so resident for at least one year prior to filing the Application; or
- Domiciled in Australia.
The next question then, is whether you and your ex are going to file the Application together, i.e. a “joint application”, or if just one of you is filing the Application.
If you are filing for divorce, and the application is not a joint application, then you must serve the Application on the other party. The Court website provides some useful tips on serving a Divorce Application here.
Once you have filed the Application, the Court will set down a date.
If the Divorce Application was a joint application, or if you have served the other party with the documents and they have signed the Acknowledgment of Service (Divorce) and this document has been filed, neither of you are required to attend at Court for the divorce hearing.
Once the Registrar makes the Order, your divorce becomes effective 1 month after the Order was made.
If you make an Application for Divorce and things don’t go smoothly or if you would like us to handle the Application for you, give our Divorce Lawyers Brisbane Northside team a call and we will help you what can otherwise be a stressful time.
Contact our Divorce Lawyers Brisbane Northside a call today, to receive a FREE 15-minute phone consultation.