Divorce Guide

Divorce Guide

Australian Divorce Process

Divorce in Australia has a deep impact on the couple involved. This is because, divorce is not just the loss of a family but it also has a lot of impact on the finances of the family. Such a situation arises due to the divorce laws in Australia. Concerns like investments, house, savings, etc. is considered as matrimonial assets according to the family law arrangements in Australia. Here, in Australia you will have to think carefully before you want to get a divorce. The Australian divorce process is simple and you need to know certain important things before you apply for divorce in Australia. Mentioned below is a note which explains what exactly Australian divorce process is.

Australian Divorce process

You can apply for divorce in Australia only if:
  1. You or your spouse are Australian citizens by birth, are a grant of Australian citizen or descent.
  2. You have been living in Australia since the last 12 months before applying for divorce.
  3. You consider Australia as your home and intend to live there indefinitely.
    • If you satisfy the criteria of the citizenship, you can apply for a divorce in Australia.
    • In case you have been married for two or less years, you will need to be present for counseling sessions with the family counselor to discuss reconciliation. If you do not agree to attend counseling, you will have to get court permission to apply for a divorce in Australia.
    • You will have to fill a divorce application and submit it in the court. You may apply jointly with your spouse or make a sole application for divorce. You can either prepare your own divorce application or get help from divorce lawyers in Australia. You can also use the divorce kit in Australia. You need to fill the forms correctly following the instructions mentioned in the application and then file it.
    • You can also check if you are entitled to get a fee waiver in case you are retired or are facing financial crunch. You may get a fees wavier only if both of you are eligible for it. Under normal circumstances, you will have to pay the application fees of the divorce.
    • You will need to convince the court that both you and your spouse have lived apart or separately for at least 12 months. You should be able to satisfy that there is no chance of a reunion and that your marriage cannot be resumed.
    • The grounds for divorce in Australia are the irretrievable breakage of marriage. You need to just convince the court about it and you can get a divorce.
    • After filing for the divorce, you will need to serve your spouse with the papers. This can be done by mailing the papers to your spouse and getting back an acknowledgement.
    • There is no need to attend the court hearing if you have applied jointly for a divorce. The only case when you will have to attend the hearing in that you are a sole applicant and there are children below 18 years involved in the divorce.
    • In case when there are any children involved in the divorce, the court will make sure that proper arrangements are made to take care of their needs. Such a case will include the financial and other responsibilities of the children involved.
    • When the court is satisfied with all the evidences and arrangements, you will easily get the divorce order. Your divorce will then be finalized within a month.

Getting a divorce in Australia is easy provided that you follow all the legal instructions and all the eligibility criteria’s of Australian divorce. This article about Australian divorce process will give you a fair idea about the divorce in Australia.

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