One of the most common questions people ask after they separate is “what are the criteria to apply for a divorce in Australia and do I need a solicitor to assist me in drafting the application?”
We are here to make the process of applying for your divorce as easy as possible so that you can move on as quickly as possible (even in situations where your ex-spouse is being difficult or causing repeated delays).
In order to apply for a divorce in Australia you need to show the court that your marriage has broken down irretrievably. A married couple proves that their marriage has broken down irretrievably by remaining separated for a period of 12 months.
It is important to note that in Australia a couple can be separated whilst living under the same roof, so even if you have been living in the same house with your ex-partner after you separate, you can still meet the requirements to apply for a divorce. If you have been living with your ex-spouse whilst you have been separated, we can assist you by providing the additional requirements to prove that the court should grant your divorce.
If there are children of your marriage who are under the age of 18, the court must also satisfy itself that there are proper arrangements in place for the welfare of your children prior to granting the divorce and your application should reflect this. Our solicitors can help you by ensuring that your application contains the required details to ensure that this requirement is satisfied.
In order for the court to hear your application, one of the parties to the marriage needs to show that they are an Australian Citizen who has been living in Australia for the past 12 months.
Fortunately, the Federal Circuit Court of Australia has made the procedure for applying for a divorce much simpler by releasing do it yourself application kits containing detailed information on the divorce process. A lot of people now feel comfortable in completing their divorce application without the help of a solicitor and this enables them to keep their legal costs relatively low. Our lawyers can assist you by reading your application before you file it with the court to ensure that the contents are correct and that the application will not be rejected by the court.
Certus Family Lawyers are here to help you by providing you with advice in relation to every stage of the process of applying for your divorce and assist you with dealing with the courts at your divorce hearing.
We are also available to provide you with strategies and advice so that you can respond to a divorce application that your ex-spouse has filed if it contains incorrect or misleading information that you would like to correct to ensure that your divorce runs smoothly.
Please be aware that in Australia Divorce does not relate to the division of your marital assets and it is strongly recommended that you enter into a binding agreement to finalise your property interests as soon as possible after you separate as you need to finalise your property settlement and maintenance within 12 months of your divorce being granted.
If you have any questions regarding the divorce process, our experienced solicitors are waiting to speak with you on 07 3106 3016 and provide you with a detailed explanation of how we can assist you to ensure that your divorce is approved in the shortest amount of time.
Speak to Certus today