Do you want to end your marriage? Read this FAQs to keep you inform of your rights and obligations and where to get help.
1. What is the First and Fundamental Step on the Divorce Application?
The applicant for divorce in Australia should know first the relevant laws on divorce in Australia. This is the first and fundamental step on the divorce application. The Family Court in Australia was created under the Australian Family Law Act of 1975. This 1975 Family Law Act introduced the principle of no-fault divorce. The Federal Circuit Court of Australia receives all divorce applications. It sets dates to hear some divorce applications and make final orders.
2. Who May Apply for Divorce in Australia?
The married applicant applies for himself or herself, on which case the other spouse shall be required to file a response for the petition for divorce. You are called the sole applicant. If both of you, you shall be called joint applicants. You can file an application for divorce if:
a. You are a domiciled resident of Australia in which case you must file a copy of your valid visa or passport showing date of arrival for at least one(1) year prior to the date of filing. If you are a natural born citizen show proof of your birth certificate in Australia. If you are a natural born citizen file a copy of citizenship certificate.
b. You consider Australia as your home country and intend to reside therein permanently.
c. You have been a resident of Australia for at least twelve (12) months immediately before you file for divorce.
3. When Can you File?
You can file a divorce petition if you have been married for at least two(2) years. If less than two (2) years the applicant must seek a special permission of the Family Court by filing a Counselling Certificate. If your Marriage Certificate is not in English, you are required to provide translation by an accredited translator.
3. Where You File your Divorce?
When applying for a divorce, you apply it at the Federal Circuit Court of Australia.
4. What is the Ground for Filing Divorce?
There is only one year allowed under the Australian Family Law Act for filing a divorce, a separation for not less than twelve(12) months as there is no possibility of resuming marriage or remarriage between the same parties.
Separation under the Australian Family Law does not necessary required a separation from the bed and board. The consequence can be considered separated for purposes of divorce to living in the same abode by proving that they do not see each other in person regularly or are actually not meeting each other in the matter of husband and wife for at least one(1) year prior to the application of divorce.
5. Can I Object a Divorce Application?
You are at liberty to object the divorce where:
a. The court hearing your divorce application does not have jurisdiction.
b. You have been separated for at least twelve (12) months as alleged in the application.
6. What Happens if your Spouse Opposes the Divorce?
Your spouse will file a response to the divorce filed. Your spouse will furnish you a copy of his petition before the hearing date set for the purpose. Your spouse will also provide a copy for the solicitor. Once filed, your spouse or the representative is required to attend hearings to set for the petition of the divorce.
7. Where You File your Divorce?
When applying for a divorce, you apply it at the Federal Circuit of Australia. It can also be done electronically or an electronic web-based which is available for downloading at https://www.comcourts.gov.au/access/login.
8. Does the Family Court provide a Divorce Kit?
Aside from the foregoing frequently asked questions, there are still many questions to raise concerning the Australian divorce. In this respect, you can browse our website and use our divorce kit