Divorce applications
Going through a Divorce can be a challenging time for everyone involved. For those
considering divorce, it is important to familiarise yourself with the relevant procedures.
First, it is crucial to understand that a divorce and a property settlement are two separate
legal processes.
Whilst Divorce is the legal end of a marriage, it does not determine issues of financial
support, property division or child arrangements. Conversely, a property settlement is the
formal division of real estate and other assets, superannuation, investments, and debts.
What are the requirements to file a divorce application?
Australia has a ‘no fault’ divorce jurisdiction, meaning that when granting a divorce, the Court does not consider the reason(s) for the marriage ending. The only ground for
divorce is that the marriage has irretrievably broken down and there is no prospect for
reconciliation.
In order to apply for a divorce in Australia, either you or your spouse must:
- Regard Australia as your home and intend to live in Australia indefinitely; or
- are an Australian citizen by birth, descent or by grant of Australian citizenship; or
- ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.
How is a divorce application made?
An application for Divorce needs to be made to the Federal Circuit and Family Court of Australia. The application can be completed as a joint application with your spouse, or separately, as a sole application.
Once the application has been prepared, an affidavit must be signed before an authorised
witness (such as your lawyer) and affirmed as true.
Once the application is filed with the court, and the filing fee paid, you will receive a date
for your Divorce hearing.
What is the filing fee?
There is a compulsory filing fee that needs to be paid to the court of $1,100 (although you
may be eligible for a reduced fee if you meet certain criteria).
Do I need to serve the divorce application on the other party?
If you submit the application jointly with our spouse, you will not be required to serve the other party.
However, if you file the application solely, you must serve the Divorce application on the other party. This needs to be arranged through a solicitor and/or process server.
Do you need to go to court?
You must attend your Divorce hearing if:
- you have filed a sole application and there is a child of the marriage aged under 18 years at the time of filing;
- you have indicated in the application that you wish to attend a hearing;
- either party has objected to the divorce being heard in the absence of the parties; or
- the other party (respondent) files a Response which opposes the application.
How long does it take for a divorce to be finalised?
Once the divorce is granted, it will be finalised one month and one day later unless a
special order is made by the Court to shorten that time
How can Northcote Lawyers help?
Having to deal with the emotional side of separation and divorce is already challenging. Northcote Lawyers is committed to making the practical and legal side of the process easier for you. Engaging experienced lawyers means you can be rest assured that all legal procedures are adhered to, and your application is completed seamlessly.
If you require assistance making a Divorce application or are unsure whether you are eligible for divorce, please contact us on 03 9486 1661 to bspeak with one of our expert family lawyers and book in a free 30-minute consultation to discuss your matter.
Alternatively, you may directly book in a consultation here.
(03) 9486 1661
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