The Process for Divorce in Australia needs to observed in order to avoid unnecessary delays and costs. Our divorce lawyers North Brisbane and Brisbane divorce lawyers provide a guide to the process.
In Australia, we have a “no fault” divorce system. Unlike other countries, in the process for divorce, 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.
You are welcome also to read on for more information about the process for divorce in Australia…..
Apart from living separately and apart for a period of at least 12 months, the process for divorce in Australia requires that 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 need assistance with the process for divorce or if you would like us to handle the Application for Divorce 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 or divorce lawyers Brisbane today to receive a free 15 minute phone consultation and information about our fixed fee divorce.