A divorce in Australia can take place in certain conditions. For instance, according to the Family Relationships Online, a platform of the Australian Government, a couple must prove that there is a separation for at least 12 months.
There are also other conditions to be met, of course, and they can be presented by our divorce lawyer in Australia, who can also help you in the legal proceedings you must follow.
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When can a couple apply for divorce in Australia?
Not anyone can start the divorce application in Australia. The right is granted to spouses who are Australian citizens or to those who have been constantly living in Australia (they are long-term residents or permanent). It is also allowed to start this procedure even if you are not a permanent resident, but you have been living in Australia for the last 12 months before initiating the divorce.
The right to file for divorce is available for Australian spouses who are living overseas and who meet the criteria mentioned above. Please mind that couples that have been married for less than 2 years are required to address to a marriage counsellor before starting the divorce application in Australia.
Couples can address divorce lawyers in Sydney if they live in this city and propose to file for divorce together or the procedure can be initiated by a single spouse.
Make the proof of being legally married
In order to initiate a divorce in Australia it is mandatory to make the proof of being legally married by the Australian authorities or by the ones of an overseas jurisdiction. For this, you must add the marriage certificate to the divorce application, along with other basic documentation.
Provided that the spouses do not have their marriage certificate, regardless of the reason, the procedure can’t be initiated. However, provided that the marriage took place in Australia, it is possible to obtain a copy of the marriage certificate from the Registry of Births, Deaths and Marriages (our lawyers in Australia can offer the necessary support during this procedure).
Spouses married overseas must address the institutions in the country where the marriage took place. The authorities of the state must issue a copy of the document which should be officially translated into English (a certified copy is necessary) and then added to the divorce file in Australia (the document must contain an Affidavit of Translation of Marriage Certificate).
What is the legal procedure to divorce in Australia?
The divorce procedure is rather simple, if everything runs smoothly. The parties can start the divorce application in Australia with or without the assistance of Australian lawyers. The need to be represented by a divorce lawyer in Australia will appear especially in the case where the parties do not agree on the divorce itself, the terms of the divorce, if there are children involved, etc.
The law regarding the divorce procedure can be explained by our divorce lawyers in Sydney; you can also rely on our divorce lawyers in Brisbane if you live in this region. Below, we invite you to read about the basic structure of a divorce:
- the main rule of law which regulates the divorce in Australia is the Family Law Act 1975;
- if the couple meets the basic requirement, meaning of 12 months of separation, the procedure can be initiated by filing the divorce application and pay the fee of $1,125 to the Federal and Circuit Court of Australia;
- in some cases, one can be eligible for the payment of a lower fee, of only $375;
- after the divorce application is filed, the documents are served to the other spouse, who must file a response in a period of 28 days;
- in the case in which the spouse is overseas, the response must be submitted in a period of maximum 42 days.
Of course, this represents only the basic structure of the divorce in Australia, where the parties have nothing else to share than the marriage itself. In the case in which the spouses have to dispute assets and the custody of children, more complex procedures have to be completed, but separately from the divorce procedure.
Please mind that the Australian law does not require parties to have a specific reason for the dissolution of the marriage, as it is the case of other jurisdictions.
In families where children are involved, the court can require mediation procedures; the decisions regarding the custody of the children can be established in a period of 12 months after the decision on the divorce was granted. The same rule for divorce in Australia applies for the couple’s properties and assets.
Divorce hearings in Australia
According to the Australian law, a divorce hearing attendance is not necessary for the spouses, unless it is recommended for them to do so. Physical participation is recommended when there are minor children involved or when the party (parties) request to attend. In general, a divorce hearing takes place electronically. Our Australian law firm can further advise on this matter.
Proof of being divorced in Australia
Once the divorce is granted by the court following the court hearing, it will be finalized in a period of 1 month and 1 day after the decision was taken by de judge. This is the standard period of time; however, this can be reduced following a special court order.
The document that attests the completion of the divorce is issued only after this standard period of time passes by, when the spouses can obtain the divorce order. The manner in which this document can be accessed varies based on the date when the divorce took place, but also on the region – our attorneys in Australia can offer personalized information on this matter.
For instance, couples who have divorced after the date of 13th of February 2010 can access their documentation online and they can also download the court order without paying any fees. Individuals who are in need of this document and who have divorced prior to this date must conduct additional steps, involving the payment of fees.
If you need further advice, we invite you to contact our law firm in Australia or our divorce lawyers in Brisbane, if you need legal representation in this city.