Divorce Guide

Divorce Guide


Divorce Papers Australia, Australia Divorce Papers


Divorce involves many legal formalities. Different states have different laws. If you want to file divorce papers Australia make sure that you follow Australian laws. The grounds for divorce also differ. There is no fault option that enables the couple to take divorce without any fault on spouse. It does not involve, proving anything right or wrong. In fault divorce, petitioner has to provide the reason for divorce.

The most common issues are:

  1. Cruelty
  2. Physical inability
  3. Desertion
  4. Adultery

It is always advisable to consult a lawyer before you file for divorce papers Australia. He can explain you legal issues that can bother you ahead. If children are involved, their issues such as division, custody should be the priority in your divorce papers.

Applying divorce papers in Australia

There are few basic steps that you should follow:

  • You can choose a divorce kit or application for divorce. Divorce kit can guide you on how to complete the application. Application for divorce can be filed online through www.comcourts.gov.au.
  • Sign the application of divorce with the witness and a lawyer from your territory.
  • Make two copies of finalized application form and divorce documents with signatures.
  • File the original and copies of divorce application and copy of marriage certificate at family Law registry.

Pay fees by filing an exemption form. You have to file the copy of citizenship proof, if you are not born in Australia but want to make a ground for divorce on your Australian citizenship.

After filing the necessary documents, court will give you a file number and hearing date. If you have applied on your own you must serve to your spouse a copy of application of divorce. If both the parties have applied and there are children, then both spouses are not required to attend the hearing .If you have applied solely with children then you must attend the hearing.

If your divorce application is good, court will give the judgment in your favor. Order becomes final after the judgment is made.

Serving divorce papers Australia

  1. Serving the document is providing the legal documents of divorce to your spouse for their approval. It ensures that both parties have received the documents.
  2. A sealed copy of divorce application should be made with the copy of marriage, families and separation brochure .Any other documents to be filed with the court, must be arranged for serving your spouse except for the marriage certificate.
  3. If your spouse is in Australia the documents must be served within 28 days before the court hearing. , if he is staying in overseas, the documents must be served at least 42days before the hearing.
  4. You can serve the documents by post or by hand. If you are serving the documents with the help of family member, he should be 18years or above. You can also serve the document to the spouse lawyer.

Take necessary advice of your lawyer to serve the divorce papers Australia. He can help you in filing the other documents for serving your spouse.


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