Divorce in Australia is not a simple process. In this article, we will introduce you to the steps of divorce.
Jurisdiction of Australian courts:
- Intends to live in Australia for a long period of time; o
- Is an Australian citizen or has a permanent residence visa; o
- She lived in Australia for 12 consecutive months before applying for divorce.
Separation:
You and your spouse must have been separated for more than 12 months before applying for divorce, or the court cannot accept your divorce application.
If you and your spouse are separated from each other under the same roof, the court usually needs you to provide more evidence to prove the truth of your separation from your spouse. If this is the case, we recommend that you seek professional legal advice before applying.
If you file a divorce application, your marriage is less than 2 years, the court will require you and your spouse to receive psychological counselling, and have a counselor to provide you with the relevant certificate.
Submission of applications:
You can apply separately or with your spouse. In either case, you will need to fill in the court's divorce application form (please click on the link below to download). After you have completed your divorce application, you need to sign the divorce application before a qualified witness, such as a Justices of the Peace, doctor or lawyer.
Once you have completed your divorce application, you will need to file your application in the Australian Family Court and pay the application fee.
Service of divorce application:
If you apply for divorce by yourself, after your application has been accepted by the court, you will need to deliver your divorce application to your spouse. Specific delivery procedures you can refer to the court provided by the Divorce Service Kit (please click on this link to download). If you have any questions about the delivery procedure, we recommend that you seek professional legal advice.
Divorce hearing:
Once your divorce application is filed, you will be given a court date. The date can be found on the front page of the divorce application form.
- The divorce application is filed by you unilaterally;
- Or you and your spouse's children are under 18 years of age.
On the date of the session:
You must reach the court before the trial. When you arrive, please inform the court staff of your name so that they can confirm that you will attend the session. You can then sit in court and wait for your divorce to begin.
During the session, the judge may ask you questions based on the information you provide in the divorce application. If you have children under 18 years of age, the judge may also want you to know if you and your spouse have proper arrangements for the upbringing of the children.
Outcome of the session:
If the judge confirms that you and yours have been separated for more than 12 months and that you have fulfilled the relevant conditions for the delivery of the documents, the judge will pronounce you in court of divorce.
The court decision will enter into force after one month and one day after the session, and the court will then send you and your office a formal divorce certificate.