While the period of separation after a failed marriage is often a stressful and emotional time; the actual process of obtaining a divorce is very simple. Unlike other jurisdictions, Australia has no fault-divorce, this means that either spouse can apply for a divorce provided that the following grounds are met:
- 12 months separation period
- At least one spouse living in Australia for the past 12 months
- There is a marriage certificate valid in the country of issue
- Service of the Application has been effected on the other spouse in accordance with the Rules.
The Application can be made online through the Commonwealth Courts Portal or at the Federal Circuit Court Registry.
If you and your spouse make a Joint Application, neither of you need to attend the Hearing.
In the case of a sole application, the Applicant must attend the Divorce Hearing if there are children under the age of 18 or if a Response is filed by the other spouse challenging the facts outlined in the Application; otherwise Court attendance is not required by either spouse.
Streeterlaw is happy to provide you with expert advice where your situation is more complicated or you require assistance in completing the Application and/or representation in Court.
- How long does a divorce take?
- I am separated do I have to get a divorce?
- When can I apply for a divorce?
- Do I need a lawyer for a divorce?
- How much does a divorce cost?
- Can I apply for a divorce online?
- Is divorce different from property settlement?
- Do time limits apply in Family Law financial cases?
- Do I need to attend court?