Divorce Guide

Divorce Guide

How to get a divorce in Australia

If you want to know how to get a divorce in Australia, you should have a through understanding of Australian divorce laws. Some conditions should be fulfilled before you apply for divorce in Australia. Getting a divorce will be easy and simpler if you are aware of the conditions and paperwork required for divorce in Australia.

The basic requirement for getting a divorce according to Australian divorce laws is that, either of the spouses applying for divorce should be an Australian. They should at the most consider Australia to be their permanent residence.

Grounds for divorce in Australia:

Grounds for divorce in Australia are very simple. You just have to prove in the court of law that your marriage is broken irretrievably and cannot be mended. This has to be proven by a year of separation by the spouses. You need to stay separate for some period, which may be unique for each state in Australia.

This condition is not applicable in case you are married for less than two years. In case you are married for two or less years, you need to go in for counseling sessions. You need to check the specific information regarding this for your state in Australia.

Cost of divorce in Australia:

You will have to pay the regular court fees while filing your divorce. You can be exempted from the fees if you are one of the following:

  1. You are on pension
  2. Have a health care card
  3. You are in financial trouble

Procedure to get divorce in Australia:

  1. You can apply on your own or jointly along with your spouse in the Federal Magistrates court of Australia. You can take help from a divorce lawyer or can make use of the divorce kit in Australia.
  2. After applying for a divorce, you need to serve the divorce papers to your spouse. Certain conditions need to be fulfilled while you serve divorce papers to your spouse. It may help if you get your self-educated as to how to serve divorce papers to your spouse.
  3. There is no need to go to the court in case both of you are making a joint application for divorce. In case children are involved or you are making a sole application for divorce, you will have to go to the court in person.
  4. It may take some time for actual divorce from the time you applied for it. There may take a couple of months and in case your papers are not in order it may take some more time.
  5. Divorce may be granted after the courts have verified the documents and are satisfied about the arrangements for children involved. Divorce is made final after a period of one month after the divorce order is complete. You will get a copy of the divorce order, which you need to keep safely as a proof.

This way, you can get a divorce in Australia, if you follow all the tips mentioned in this article, ‘How to get divorce in Australia’.

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