Divorce is the legal ending of a marriage. Going through a divorce or separation is an emotionally hectic procedure. To add to this, a lot of people remain baffled about the very first steps that they ought to take while catching a divorce.
So, how do you apply for divorce in Australia? Before we get into that, you’ll have to know about the rules and regulation of divorce laws in Australia. This easy guide gives you simple answers to complicated questions on everything you need to know, from divorce process and timeframe, to separations, living arrangements, and rights.
Applying for a divorce
Step 1: Filing the divorce application form
To file your application you will require to register in the Commonwealth Courts Portal. This will allow you to create a court file, upload documents and obtain the final Court order. To file yourself you will need to pay online fees.
You can apply for a divorce all together with your spouse (a ‘joint application’), or one person may apply (a ‘sole application’). Whether you will have to attend to court will depend on whether it is a joint or sole application, and whether you have children under the age of 18.
Step 2: Swearing or acknowledging the application for divorce
Once you’ve done the Application for Divorce form, you’ll be required to swear or accept the form in the presence of a Melbourne divorce lawyer or another person who is able to see your signature in your state or territory. You should check your state or territory legislature before deciding a person to witness your key signature.
Step 3: Serving the application for divorce
Except you file together, you will also need to provide the application on the other party. This is not a paper that you can only post to the other person – it needs to be separately served.
How Long Does it Take to Get a Divorce in Australia?
In order to apply for separation, spouses must be split for a period of at least 12 months and 1 day. If there is a period of compromise for three months or more, the time on the 12-month separation restarts.
If the court allows the divorce at your trial date, it will be confirmed one month and one day later, except the Court makes an order to reduce the time because of unique conditions. You can access the divorce order through the Commonwealth Courts Portal the day after your decree is declared.
What does a lawyer do in a divorce?
A divorce lawyer can help you with:
- Filling Application for divorce
- The property assets settlement
- Organising parenting agreements
- Child custody and support
- Drafting spousal maintenance contracts
- Attending divorce trials
How much divorce lawyers charge in Australia?
The standard cost of a divorce lawyer varies depends on your divorce case. It can also be contingent on whether the divorce lawyer is assisting you consolidate your property settlement, parenting procedures and so on, or how complex your case is.
This guide gives basic information to help you in the procedure of seeking a divorce. Of course, if you don’t want to go it alone, we are here to help.
