Getting a divorce can never be smooth and easy
But, in life there are things which are beyond our control, and that is, the break-ups in marriages. In getting a divorce under Australian laws, there are rules to be followed. First, you can only apply for a divorce in Australia if you or your spouse is domicile of Australia, intends to live in Australia permanently.
You can also apply for a divorce if you are an Australian citizen by birth or descent or you are granted an Australian citizenship, or you have resided in Australia for 12 months before filing the divorce.
Similar to other nations, you can only apply of a divorce if you have lived separately for at least 12 months prior to the divorce and that there is no chance of reconciliation between the parties. Although, in certain cases, it is possible that couples live together in same house for years, but they are still separated in bed and board.
In the application of a divorce under Australian laws, you can do it independently or together as couples. If you and your spouse are decided to file a divorce, then you are both considered as applicants. But, if you will file a divorce proceeding against your spouse, then you will be considered as the complainant or applicant and he or she is the respondent.
When you will file for a divorce, you have to pay for a corresponding fee, although you can request for a reduced application fee in certain cases. You can avail of reduced application fees if you are having financial difficulties. But it is necessary that both spouses are financially handicapped to avail of this privilege.
In filing a divorce, you can either do it yourself or seek the services of a lawyer. It should be filed in the Family Court by either or both spouses of the marriage.
If a spouse wishes to file it without the assistance of a lawyer, he can avail of the “Do-it-Yourself” divorce application procedure, provided by the Australian family Court. He can also apply through the Legal Aid Community Divorce Scheme.
Concerning the grounds for a divorce, Australian laws allow only one ground: irretrievable breakdown of marriage. The requirement is the continuous 12 months or one-year period of no reconciliation.
In the finality of the divorce, the Court must be satisfied that there are proper and legal arrangements for the welfare of the children. It is mandatory for the parents to attend court for the divorce if there are children who will be affected. However, if there no children under 18 years of age, the parties may be allowed not to attend court hearings.
If the Court approves of the divorce, the Court issues a decree for the finality of the divorce after one month and the Court sends the decree by mail to the parties.
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.