How To Get a Divorce in Australia?

In Australia, the primary Court for a divorce is The Federal Circuit, and the Family Court of Australia is the authority to handle divorcing couples cases under Part VI of the Family Law Act 1975 Australia.

Requests for divorce must be made online by filling out an online form. Commonwealth Courts Portal online form. It allows you to log on to the secure website of the Court. Access your court file and can electronically file and get court orders online at any time.

Since divorce is the legal end of a married relationship, there is a requirement to file for divorce when you divorce unless you wish to get married again; however, staying married could alter the legal requirements. Therefore, it is essential to seek legal advice if you are unsure of the legal steps.

To be eligible for divorce, you must prove that your marriage is ‘inexplicably collapsed. However, it is proven by separation lasting twelve months or more and the absence of the relationship returning. The separation could begin with one individual or both.

Australian law doesn’t consider who is at fault when the marriage falls apart when deciding on a divorce petition.

Can I get divorced easily in Australia?

For a divorce application to be considered, the applicant must have been separated for a minimum of 12 months, and either the spouse or you must require:

To be an Australian citizen, be an Australian citizen.
Residing in Australia and seeing Australia as your home for the long haul.
Typically reside in Australia and have lived there for at minimum 12 months before applying for a divorce.
If you were married outside of Australia and want to request a divorce in Australia, provided you meet the above requirements.

Suppose you’ve not been married for less than two years. In that case, you’ll have to go to counselling with counsellors for your family and obtain a counselling certificate or request approval from the judge to file for divorce without a divorce certificate.

A divorce petition may be filed by an individual or jointly.

Separation

Separation is generally defined as living separately from one another. It could be unilaterally initiated by one spouse or jointly agreed upon.

To show that your marriage has “inexplicably disintegrated,” you should have been separated for a minimum of 12 months to be eligible for divorce in Australia.

You can be “separated under one roof when certain requirements are satisfied. However, seeking legal guidance is essential if you’re split under one roof.

What can I do to get legal advice in Australia for divorce?

If you require assistance to fill out the form or are unsure if you’re eligible to file for divorce, get legal guidance. Lawyers can help you understand the law’s implications in your particular case. Unfortunately, the Court cannot provide legal advice since doing it could be detrimental to the Court’s impartiality in deciding the facts of a case.

The Family Relationship Advice Line (FRAL) will provide you with legal advice for free and provide information on services that can assist anyone dealing with issues related to family relationships. Call 1800 030 321 for those in another country +61 73423 6878.

How to apply for online divorce in Australia

You’ll need to apply for divorce at the Federal Circuit and Family Court of Australia. If you reside in Western Australia, you must file a divorce application with the Family Court of Western Australia. The Family Law Court’s websites include fact sheets, information and application forms to help you through the procedure.

It is possible to apply with others (a joint application), or only one person can apply (a sole application) if you are required to appear before a court is contingent on whether your application is sole or joint, and if you have kids that are under 18 years old.

Joint and Solo Divorce applications Method and understanding

Solo Application

In Australia, divorce can be filed on your own (sole request) or jointly with the other spouse of that union (joint application). 

Furthermore, The same online form can be utilized for jointly and solely filed applications.

Joint Application

Knowing whether you should apply as a joint or sole applicant is vital to understand the different obligations for each. Check out the following headings for specific information you should know before starting your application.

A lot of people are now applying to divorce online. However, Details on how to get it done online are available below websites:

Federal Circuit and Family Court of Australia

Family Court of Western Australia

There are charges for applying for divorce, which you will be accountable for. Details about the current fees, as well as information on exemptions or reductions in fees, are available on the website of the family law courts:

Federal Circuit and Family Court of Australia charges

Family Court of Western Australia charges

What is a Divorce order

The Court that handles your divorce decides that you are entitled to a divorce. It is referred to as a divorce decree and is typically legal within a month before the Court issues the decision.

The Court may decide not to make an order if they believe you’ve not fully considered what you’ll do after any children younger than 18 from your wedding. However, this isn’t a common scenario. The Court may issue an order even if the parents can’t agree on how they’ll manage their children.

Guideline: Marriages in foreign countries, how to get a divorce in Australia as per law.

If you got married outside of Australia, you might apply for a divorce if one or the other is an Australian citizen or resident. Additionally, when Australia is your home for the duration of your stay. The Court requires an original copy of your marriage certificate.

If the marriage certificate you received isn’t in English, it is necessary to find the English version of your marriage certificate. The translator also needs to sign a unique legal document known as an Affidavit.

In this case, the affidavit needs to:

Define the qualifications of the translator to translate. Whereas, It should be attached to a photocopy of the wedding certificate with the translation affirming that the translation is correct and that the duplicate from the wedding certificate is an authentic duplicate of the original marriage certificate.

In the case of Opposing a Divorce in Australia, what steps must be taken?

If you’ve been divorced for longer than 12 months, There aren’t many scenarios in which you can refuse a divorce if your spouse wants to break up the relationship. Disagreeing with divorce means you don’t want to get divorced or refuse to be divorced.

If you are not interested in divorce, you’ll complete a form referred to as”Response to Divorce” and appear in Court to have a hearing.

After getting a divorce from Australian Court, what happens to children and property

A divorce decree won’t contain parenting arrangements or property agreements. Suppose you are a parent with children younger than 18, The Court can issue a divorce if satisfied that appropriate arrangements have been made for the children. The law governing children and families provides details on how to arrange care for your children following a relationship breakup.

Nevertheless, You may request property orders before the divorce is finalized. Suppose you cannot obtain property orders after your divorce becomes final and would like to do so. In that case, you need to provide an additional Australian court application within the next 12 months for property-related orders. The Money and Property section details how to divide your money and assets following a marriage breakup.

We’re in the timeframe of divorces in Australia

Like other family law cases, it is often difficult to provide any specific timeframe for granting a divorce.

In most cases, the divorce decision is effective for a month after the judge signs the order. However, the Court might not issue an order at the initial hearing and could require additional information from you.

Case Study- Scenario # 1

Suppose in Sydney Sarah and Clark are married but not parents. They’ve decided to divorce. Clark discovers relevant information online on Australian government websites with loads of information and procedures regarding divorce. However, after being separated for 12 months, Sarah and Clark decided to apply for divorce jointly. They can make this application online. Since they’ve submitted joint applications and do not have children, they don’t require a court appearance.

So above is the one scenario to get a divorce in Australia.