Divorce – How to make an application for divorce

[vc_row][vc_column width=”2/3″][vc_column_text]A Divorce is the legal dissolution of a marriage and the only ground for Divorce is that the marriage has broken down irretrievably.

Any application for Divorce is usually filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage files the application, or a joint application where both parties file the application together.

An application for Divorce is only available after 12 month period of separation. This 12 month separation period is to be a continuous period and means more than physical separation where there is no likelihood of reconciliation.  In some cases, you and your former spouse may continue to reside under the same roof although separately, however, it may be difficult to establish separation in these circumstances and accordingly the Court will require evidence in support of your application.

In instances where a couple has been married for less than 2 years, the Court requires the parties to participate and attend a counselling session with a view to reconcile. There are exceptions to this requirement if there is a history of violence or abuse or where one party cannot be located.

In addition to the requirements of a period of 12 months of separation, either you or your spouse will need to be an Australia citizen by birth, decent or otherwise by grant of an Australian citizenship. If that cannot be established you or your spouse needs to regard Australia as your home, intend to live in Australia indefinitely or otherwise be able to provide evidence that you lived in Australian for at least 12 months prior to the filing of the application.

If a sole application is filed, you will need to provide the Court with evidence that your former spouse has received notice of your application. This is known as service. In some instances, service may not be affected because your former spouse is avoiding service or you no longer have their contact details. In these circumstances, the Court may consider waiving the service requirements or substituted evidence; however, again, the Court will require evidence in support of such an application.

The application can be opposed in circumstances where the Court does not have jurisdiction to deal with the matter, procedural matters have not been compiled with or otherwise where the parties to the proceedings have not been separated for more than 12 months.

At a Divorce hearing, the Court will need to consider that proper arrangements have been made for any child of the marriage, or a child from another relationship, or a child who has or was adopted who is treated as a member of that household, who is under the age of 18.

Once a Divorce has been granted the Divorce becomes effective one month and one day after the Order has been made.

Once a Divorce has taken effect, a 12 month limitation period applies in filing an application for property/financial and spousal maintenance matters. An extension to this limitation period may be granted in circumstances where both parties agree to the extension and the parties to those proceedings have the leave of the Court.[/vc_column_text][/vc_column][vc_column width=”1/3″][vc_wp_custommenu title=”Start a claim” nav_menu=”77″ el_id=”test-id” el_class=”test-class”][/vc_column][/vc_row]