HOW TO DIVORCE
When a marriage finally comes to an end in Australia, it is defined as divorce also known as dissolution of marriage and it is handled by the Family Court of Australia or the Federal Circuit Court (Federal Magistrates Court) of Australia.
The two parties who are seeking a divorce have to prove they were married. This is done by providing the Marriage Certificate. There is further proof required which includes a 12 month separation period before the granting of a divorce. Sometimes marriage partners might have separated for the required period of time but they are still residing in the same house. Further proof such as affidavits from witnesses will need to be provided by witnesses.
There are certain requirements for the granting of a divorce and these include being an Australian citizen or having legal residency or have lived in Australia for a minimum of one year up to the time of the divorce application.
There are steps to a divorce process and these include swearing and signing the Divorce Application in front of a lawyer, Justice of the Peace or anyone else who has the jurisdiction to sign affidavits. Once this part of the divorcing process has been completed it is necessary to photocopy the signed and completed Application for Divorce. The application can then be filed in person or by mail at your local Family Law Registry. You must remember to include other supporting documents otherwise your divorce might be delayed. You will need to supply dual copies of the divorce application and your photocopied marriage certificate.
Once your application has been received the Court will provide you with the date and time of your court hearing and a file. If you and your spouse have applied together the Court will hold the unique Application for Divorce and hand to both you and your spouse a copy of the application which will be sealed and a leaflet called 'Marriage, Families and Separation'. If it is an individual application, the Court will hold your unique Application for Divorce and hand you two copies of the application which will be sealed and the leaflet 'Marriage, Families and Separation'.
If your application has been successful, a divorce order will be granted by the Court, which will normally come into effect one month and one day following the order. You and your spouse will individually be provided with the divorce order. Application for Divorce Kit The Application for Divorce Kit includes step-by-step instructions on how to complete the application.