Did you recently go through a breakup? A divorce? Yes, it sucks, and it's never easy to go through one. So, you might have thought of getting a divorce application. But first, you should know if you meet certain requirements for a divorce:
- A 12-month separation period
- Either you or your spouse is an Australian citizen, regards Australia as your home and intends to live in Australia
- Have been living in Australia for 12 months immediately before filing for divorce.
- You have your marriage certificate.
- There are no children in the divorce. If there are children, then the couple must satisfy the court that there are appropriate parenting arrangements for the children. However, in certain and rare circumstances, they may also grant the divorce without parenting arrangements.
Do you meet the requirements above? Are there steps that you still need to deal with? Then let's learn how you can deal with each requirement in detail, so you can proceed with your divorce application.
The 12-Month Separation Period: A Divorce Application Prerequisite
Yes, this is the standard and legal duration for a separation period for a divorce. Family law has implemented this rule because it is ample time to give the couple to reconsider the divorce. During this time, some couples may have already been separated but still living under one roof.
Yes, this setup is possible, and a separated couple living together can still get a divorce! Couples in this setup can fill out this form to proceed with a divorce application.
In more extreme cases, a divorce applicant may need to file immediately for a divorce because their partner is abusive or violent. If this is the case, the applicant may apply for an apprehended domestic violence order (ADVO). This order can help protect them until the divorce order is finalised.
What Divorce Application Documents Does the Family Court Need?
As mentioned, it's important that at least one of the parties in a divorce is an Australian, regards Australia as their home and intends to live in it, or has been living in Australia for 12 months before filing for divorce.
To prove this, divorce applicants will have to prepare their citizenship certificate and any other supporting IDs or documents. Applicants should also make sure that they have their marriage certificate to prove the validity of their marriage.
Luckily, we also have a divorce checklist for you here if you want to know what other documents you need for a divorce application.
Parenting Arrangements for Children
Australia truly values the safety and well-being of children, regardless of if their parents are divorced or not. Most cases of divorce go to the Federal Circuit Court and the Family Court if there are children in the relationship. Before a court grants a divorce, they need to ensure that parents have agreed on a parenting arrangement that focuses on the child's best interests.
This is an important rule to follow in family law matters because it will greatly affect a child's growth and well-being. If you are not sure how to approach your parenting arrangement for your child, you can check out our blog about custody calendars
Exploring the Commonwealth Courts Portal
After you have checked everything you need for your divorce, you should follow the steps below:
- First, you must seek legal advice from a lawyer. Divorce may get nasty depending on your situation and your partner. It's better to stay prepared before you file a divorce online.
- Next, go to the Commonwealth Courts Portal's login page and look for their online form for divorce. Make sure to prepare your documents before you register for the eCourts Portal, before you file for an application.
- Eventually, you will need to follow the initial steps to file a divorce application.
- Then you will need to decide if you are making a sole or joint application for divorce. A joint application for divorce will require the signature of both spouses, while a sole application will only need one.
- Pay the filing fee for the divorce application.
Once you have submitted your application, the Court will check the documents to ensure they meet filing requirements. If they don't meet the requirements, the court will contact you to rectify any errors.
I Need To Go Through a Divorce Hearing! What Should I Do?
Divorce hearings will only occur if the following factors are present:
- The applicant indicates they want to attend the hearing in their application or file a response to oppose the divorce application. When does this happen? If your partner has filed for a sole application, and you don't agree with the application, then you just prepare an affidavit explaining why you oppose the application of the other party. After filing the response, you must attend the divorce hearing on the appropriate court date.
- You are applying for a substituted service or a dispensation of service because you cannot find your spouse to give them the court documents.
- The respondent requests to attend the hearing when there are children under 18 involved.
If you had a previous family law matter at court, even if it was already finalised, you must use the same court file number for your divorce hearing.
What About Spousal Maintenance?
Spousal maintenance is a special type of financial support given by a spouse to their spouse. It may sound good to spouses who receive the financial support, but it is unfair for the spouse who gives. However, the spouse who receives maintenance must prove that they will experience financial hardship because of the divorce.
READ: What Is Spousal Maintenance? | JB Solicitors
Apply for a Divorce Application With Us
We at JB Solicitors know how divorce proceedings can cause a lot of emotional and mental distress on either party. Let us help you prepare everything you need if you need to attend a hearing date about your divorce. We will make sure that you have all the necessary and additional documents you need for your divorce application and the court process.
We can also help with the property settlement phase, which is another important part of divorce. Our firm offers services for drafting pre-nuptial and post-nuptial agreements to help couples divide their assets and finances in the event of a divorce.
us today if you need help with your family law matter.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
