Divorce is the legal termination of the marital relationship shared by two people. Australian law has no fault divorce meaning you do not need a justifiable cause to apply for divorce. The only requirement is that you have been separated for more than 12 months.
You do not need to have been married in Australia to apply for a divorce in Australia. You may also apply for divorce in Australia if you were married in a foreign country, provided that your foreign marriage is recognised in that country.
A divorce order merely terminates your marital status. It is separate from and does not affect the process of financial settlements or parenting arrangements.
In an application for divorce, the Court will only consider if the marital relationship has irrevocably broken down. The applicant partner must provide evidence to the Court about the following:
We can assist you in preparing your divorce application and help ensure that the process goes smoothly.
It is not necessary for both parties to agree before making a divorce application.
A divorce can be filed individually (called a sole application) or together with the former partner (joint application).
A divorce application is generally made online through the commonwealth Courts portal.
The applicant will have to pay the appropriate filing fee to apply for a divorce.
In the case of a solo application, your application must be served (given) to the other party after filing it with the Court. This communication is essential, as the Court will not grant a divorce order unless you are able to show the Court that the documents have been served on your former partner. There are additional requirements to meet if your marriage took place outside of Australia or if your former partner lives outside of Australia.
If you are unable to serve or locate your former partner, please do not hesitate to contact our team of experienced Family Lawyers so that we can assist you in ensuring your application is valid.
To get or apply for divorce, you should be assisted by experienced divorce lawyers in Perth. Although the process for obtaining a divorce is relatively straight forward, there can be complication relating to service of the application, signing of documents and the Court hearing. There are also closely related matters you may wish to consider such as property division, parenting arrangements if you have children, and in the event that there was domestic violence, the possibility of restraining orders.
Contact our team of experienced Family Lawyers to discuss your circumstances and we will advise you as to your rights and obligations as well as important matters to consider in your legal proceedings.
Generally, as Australia has no fault divorce, the Court will not force a couple to remain married if one person considers the marital relationship to have ended. However, there are a few very limited circumstances in which a divorce application can be objected to.
Some of these circumstances can be:
You must have good reason to object to a divorce application. Lodging an objection to a divorce without good reason can have serious implications. Please contact our experienced team of Family Lawyer Perth to discuss your options moving forward.
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It takes 4 months for the divorce to take place and be granted by the Court in Perth, Australia, right from the date you first filed for the divorce till a Divorce Order gets issued by the Court. This will be one month and one day after the hearing date if the divorce is granted during the hearing.
When your spouse opposes the divorce, he/she has to file the Response to Divorce, and they have to attend the hearing and explain why he/she is against the divorce. If the spouse doesn’t attend the hearing, the Court will take the responsibility to finalize the divorce application in their absence.
When you have decided to get a divorce, you must contact a good divorce lawyer. They will tell you about the entire procedure and guide you in every step. You need to provide them all the necessary documents, and they will take care of the entire divorce process
When you have decided to apply for divorce, you need to do the following things:
• Gather and prepare your documents.
• Finish the application at the eCourts Portal.
• Print out and witness the application before an authorized witness.
• Finalize the application.
• Serve the divorce application.
• Fill up the service documents on the eCourts Portal.
In short, yes. You have to stay present within the country when filing for a divorce. If you get married overseas, you can apply for your divorce in Australia if your spouse is an Australian citizen and live in Australia and regard the country as your home.
When it comes to filing for a divorce, the 1st step is to prepare all the documents for the divorce case. You must prepare your marriage certificate, ceremonial certificate [if you got married in Australia], and birth certificate [if married outside of Australia].
A legal separation is an act of ending a de facto relationship or a marriage. In other words, a couple is separated when they do reside under the same roof. Divorce stands out as a formal way to end a legal marriage and get a divorce, and you need to live separately for 12 months from your spouse.
When it comes to dividing property, the Australian Divorce Courts will recommend the couple to apply for property settlement. You can opt for an informal agreement, financial agreement, and consent order for a property settlement. These are some of the ways through which the Australian Courts divide the property.
When you and your spouse are actively involved in business, both of you have a claim on the company’s assets. A business is viewed as property or asset and will be divided within the property settlement. It doesn’t matter whether it’s a partnership firm, company, or a sole trader because an asset is an asset in a divorce.
The divorce procedure in Australia is not that complicated, and you have to follow these steps:
• Prepare all your divorce papers.
• Sign all your divorce papers in front of a qualified witness.
• Take your actual divorce papers and file them at the Court.
• Obtain the sealed documents.
• Wait for the court hearing.