With what can be attributed to continually increasing divorce rates, how to file for a divorce in Australia is a question being asked more than ever.
The article’s purpose is to summarise the eligibility requirements involved for divorce and detail how to file for a divorce in Australia.
Eligibility Requirements For Filing For a Divorce In Australia
The eligibility requirements are the first thing you should be aware of if you are considering how to file for a divorce in Australia. According to the conditions set out in Family Law Act (1975), a divorce cannot be granted only because the parties want to get divorced.
The Court must be satisfied with the following requirements before granting a divorce.
1. Both parties have lived separately and apart for at least twelve months: To satisfy this requirement, the law allows both parties to occupy the same residence and still be considered living separately and apart. The essence of the condition is that both parties need to act, speak and behave as if they are separated. The law recognises that former couples may be separated and continue to reside in the same residence in Australia for multiple reasons such as convenience, stability for children and finances. This is reflected under s49(2) of the Family Law Act.
2. There is no likelihood or reasonable prospect of resuming married life: This essentially means that both partners are confident that there is no chance they want to continue being married to each other.
3. Proper arrangements have been made for the children: If any children under the age of 18 are involved, then the Court will need to be satisfied that proper arrangements have been made regarding their care; including:
- Ther primary residence
- The school they will attend.
- What days the children will spend with each parent
- Who will pick up the children from school and drop them off
- Any other important details regarding their safety, well-being, care and so forth
How To Apply For a Divorce In Australia
There are two methods to file for a divorce in Australia. These are through either joint or single application.
1. Joint Application: A joint application for divorce is filed together by both parties.
- There is no requirement to attend Court.
- It can be particularly beneficial where children are involved.
2. Single Application: This is where one partner decides to file for divorce without involving their partner
- A Single Application is required to be served onto the other party
- If children 18 are involved, the partner filing for the divorce will need to attend a divorce hearing for the Court to be satisfied proper arrangements have been made regarding the care of the children.
If it can be done amicably, a joint application is recommended.
The Steps To Filing For a Divorce In Australia
The procedure for filing for a divorce in Australia is relatively straightforward. However, if you require any assistance – please do not hesitate to reach out to our team of experienced family lawyers who would be happy to assist. The steps are outlined below:
- Create a Commonwealth Courts Portal online account here
- Create and complete a new Application for Divorce
- Get your Affidavit for eFiling application witnessed and upload it
- Print out the ‘Marriage, families and separation brochure
- Choose the court location and pay the fees
- Choose a hearing date
- Check that your documents have been received and download the stamped documents.
- Serve the application on the other party.
Importance of Seeking Legal Advice
When discussing matters such as how to file for a divorce in Australia, you should seek out the help of an experienced family lawyer if you are unsure about anything.
Here at JB Solicitors, we’ll make the process as pain-free as possible. We have fixed-fee pricing for family law, giving you a clear sense of the costs from the start, and we will be sure to help you out every step of the way. With years of experience under our belt, we pride ourselves on making each client’s family law experience as positive as possible.
Contact JB Solicitors today to speak with one of our friendly and experienced family lawyers.
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