How to Start the Divorce Process in Australia
Divorce is an important life decision and should be approached carefully. Divorce can be both emotionally and financially draining, which is why legal representation could be beneficial throughout this process. Australia’s Family Law Act 1975 makes matters straightforward and accessible. Depending on your individual circumstances, legal assistance could be provided from application submission to final hearing hearing.
How to Start the Divorce Process in Australia
Australian law recognizes no-fault divorce, meaning the Court does not look at specific reasons for marriage breakdown when awarding one. All that needs to happen for you to get one is showing that your marriage has irretrievably broken down with no reasonable likelihood of reconciliation; living apart doesn’t necessarily have to mean living apart but more specifically having lived apart for 12 months, something which must be proven via submission of affidavits.
If both of you are Australian citizens or permanent residents who have lived in Australia for at least 12 months, filing an application online using the Commonwealth Courts Portal will make life simpler for filing documents with the Court and accessing any orders made 24/7.
Your application requires essential documents, including a copy of your marriage certificate and proof that you and your spouse have been living separately for at least 12 months if your ceremony was performed abroad or your marriage certificate does not exist in English. In addition, you will need affidavits demonstrating this fact, along with proof that resumption of marital life is unfeasible.
At Question 1 of your application form, select whether you are filing alone (single application) or jointly with your spouse (joint application). Next, complete and pay online application fee as applicable unless eligible for waiver.
After your divorce has been processed by the Court, they will issue you with an order declaring your marriage has officially ended and authorising remarriage – although you should consult a celebrant first to ensure the appropriate procedures are followed. Furthermore, digital copies of your divorce order can also be produced as proof when needed, such as applying for passport or driver’s licence renewal applications or passport renewal applications. Your divorce won’t become final until one month and one day from when you submitted the Court order unless requested to have it reduced earlier by applying for religious or civil annulments respectively if remarriage occurs within that timeframe; alternatively remarriage could also occur earlier;