you can file electronically online divorce application
Applications for divorce may be filed individually or jointly. Either way, parties must first comply with the required period of 12 months of separation before instituting an action in in the Federal Circuit Court of Australia. Along with the divorce application, the marriage certificate must be filed and filing fees paid.
Unless it is a joint application, the divorce application must be served upon the other party, called the respondent. The application must be served within 28 days before the hearing or 42 days if the respondent is living outside of Australia. The Affidavit of Service is the proof that the other party has been duly notified.
The application for divorce must state the following important facts:
- Date of marriage;
- Date of separation and the details;
- Number and ages of children, if any;
- Whether arrangements for the children have been made;
- Whether the applicant is an Australian citizen, domiciled in Australia or has been an ordinary resident for the past 12 months.
If the parties have been married for less than two years a certificate from a marriage counsellor must be attached to the application stating that the parties have already undergone counselling but failed in reconciliation.
The application will be scheduled for hearing approximately 6 to 8 weeks from the time the application is filed. The parties don’t really need to attend the hearing, especially if it is a joint application for divorce and there are no below 18 years old children involved. However, it is still recommended to attend so as to help in threshing out the issues before the court.
A Decree Nisi of the dissolution will be issued at the hearing if the court is satisfied that there is compliance with the requirements mandated by the Family Law Act for divorce. The parties will remain legally married until the divorce order becomes final which is one month and one day after the hearing.
Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.