The number of people applying for divorce has increased drastically over the last decade. This is attributed to many reasons including irreconcilable differences, falling in love with another person among many others. The legal requirement for getting a divorce in Australia is that both partners need to prove that their differences are irreconcilable. Additionally, the husband and wife must have separated for at least 12 months with no likelihood of coming back together.
When a husband and wife are planning to separate, then it is important to note that the two can still live under one roof for 12 months and still be considered separated. The separation process is important for the purpose of filing for a divorce. However, in some cases, the court may require you and your ex-partner to provide extra evidence that proves that you are separated. In this article, we will discuss the cruel step to follow when divorcing your partner in Australia.
One important requirement that you need to satisfy when filing for divorce is proof that you are an Australian citizen. So besides proving that you have separated for at least 12 months with your partner, you also need to prove that you are an Australian citizen and you consider Australia your permanent home. You also must have lived in Australia for at least 12 months before applying for a divorce. After that, you and your ex-partner can then make a joint divorce application. However, if one partner agrees to divorce while the other partner does not, you can still apply for a divorce as a sole applicant with your ex as the respondent.
You can also apply for a divorce even if you don’t know where your partner is or if you were married in a foreign country. As long as you are an Australian citizen and you live in Australia, you can apply for a divorce regardless of the two scenarios mentioned above. However, if you were married overseas and you are not sure of the status of your marriage, it is recommended that you seek legal advice from a reputable divorce lawyer.
If there are children involved, then there are certain things that you and your ex need to clarify when filing for divorce including where they live, their education, health, how they will be supported financially, and also how they will maintain a healthy relationship with both parents and other important people in their lives.
It is important to note that if you have been married to your partner for less than two years you can still get divorced but only under special circumstances or you agree to counsel. However, if your ex-partner does not agree to counsel, you can still get a divorce, but it is advised that you seek help from an experienced divorce lawyer.
The actual divorce process
If you are an Australian citizen and you have lived in Australia for at least 12 months, you can file for a divorce. The process begins by filing a divorce application form. You need to file it with the court, then pay the required application fee. You can pay a lower fee if you prove that you are experiencing financial hardship or if you hold a government concession card. The current fee for a divorce application in Australia with the federal court is $910.
Unlike the past where you had to present yourself physically when filing your divorce, today you can file for your divorce online, via the federal court? However, you will first be required to register in order to gain access to the commonwealth court portal. However, once you gain access to this portal, you can file for divorce as well as attach relevant documentation to support your application.
If you are filing for a divorce (either joint or sole application) and there are no children under 18 involved, you don’t need to go the court. However, if you file a sole divorce and here are children under 18 who are involved, you have to go to court, unless there is a compelling reason that prevents you from going to court.
When you go to court, the judicial registrar will go through your application and if he is certified with the arrangements that have been made for the children, then a court order will be issued. However, this order will be short-term and will only become final one month after it is made, less there is a tangible reason that makes the court not issue the divorce at that particular time.
If you have not agreed on finances with your ex-partner and you are planning to file for a divorce, you should remember that you will only have 12 months from the day the court issues a divorce order to apply to the court for settlement of the property. If by chance you miss this deadline, then you will have to seek legal advice.
Disputing the divorce
If for whatever reason you don’t want the divorce to be granted, then you must provide a document to the court and also attend the hearing to explain in detail why you want the filled case dismissed. On the other hand, if you want to move forward with the divorce but you don’t agree with the information stated on the application foam such as details about your property or children, you need to file an application to the court and also attend the divorce hearing to explain to the court in details. In such a situation, legal advice is highly recommended.
Going through a divorce is a difficult thing for both partners. To make the matters worse, the process involved is long and tiresome. If you are planning to remarry, you have to wait for several months, sometimes years before the process is complete. Remember that it is an offense to marry another person while you are still married.
So, if you are planning to file for a divorce, it is advised that you hire a reputable divorce lawyer to help you navigate through the process. A family law firm has dealt with many similar divorces cases and they know what to do to help you finalize the process within a short time. The fact that they will handle the divorce process on your behalf means that you will have apace of mind.