What are the requirements for divorce?
- Separation for no less than 12 months and one day;
- At least one party must be resident in Australia;
- Service of the Application for Divorce must be proved;
- You must have a valid Certificate of Marriage.
What is the process involved in applying for a divorce?
- Complete and file an Application for Divorce in the Federal Circuit Court of Australia (this may be a sole or joint Application);
- Arrange for service of the Application on your spouse (by an adult other than yourself unless it is a joint application);
- Appear on the hearing date noted on the filed Application;
- If a divorce is ‘proved’, the Court will issue a Certificate of Divorce after one month.
Do I need to attend Court?
It is compulsory to attend Court if there are children of the marriage under the age of 18. You do not need to attend if you are the respondent in a sole Application unless you disagree with the Application or if it is a joint Divorce Application.