Divorce is the dissolution of a marriage that was validly made in the first place. The principle requirement for a divorce is the irretrievable breakdown of the marriage. This requires a period of separation of 12 months prior to your filing the divorce application. Registries will require that you do not sign the divorce application until the 12 month period has passed. If you have been living with your spouse under the same roof for a period of time but not yet physically separated, it is possible to have that period counted as part of the required 2412months of separation by demonstrating to the Court your facts and circumstances in an affidavit from you and another person that is not your spouse.
To obtain a divorce in Australia, you must ensure that you are within the jurisdiction by reason of being in one of the following categories:
- Being an Australia citizen,
- Regard Australia as your permanent domicile or having lived here for the previous 12 monthsProperty and Children
A divorce is a separate issue to resolving your parenting and property matters with your spouse. The Court must however be satisfied if there are children that there are proper arrangements in place for their care, welfare and development, or that something is being done in a legal process to ensure that the children will be properly cared for.
A divorce can effect you or your spouse’s ability to apply for the Court for a property division in the future and if 12 months pass, you will lose the right to obtain a property settlement without seeking permission from the Court. To find out more, visit our website at www.familylegal.com.au
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We are a law firm and we provide completed divorce applications to you from $150.00. Our service extends to drafting your application, filing the application with the Court, serving the application on your former spouse and appearing in Court on the hearing of your divorce application.
Our firm prepares and appears on more divorce applications than any other law firm or document company in Australia – we have processed thousands of divorce applications.
Our fees are simple and transparent. We charge just $150.00 for completing your divorce application documents and can take care of serving documents upon your partner to ensure your divorce is granted, and appearing in Court for you, providing a fixed price quote for this service – this ensures that there are no hidden fees or charges. Payment also needs to be made to the Court for a filing fee in the sum of $845.00 (or in certain circumstances, this fee may be reduced by the Court to $280.00).
Once you have filed a divorce, the Court provides a date for the hearing. Then, if the divorce is granted with our assistance, the Divorce Decree is issued one month and one day later.
We can assist you in getting a divorce decree sooner than the one month delay if you require the decree for remarriage or Visa purposes. This usually requires some cooperation from your spouse.
How to Contest a Divorce
To contest a divorce, you need to file a Response that disputes a material fact in the application, namely that you disagree with the date of separation and that 12 months have not passed; or that proper arrangements are not in place for the care of children.
You should also ensure that your name and the names of your children are spelled correctly on your spouse’s application, as this information will appear on your divorce decree. If there is an error or you wish to make amendments, we can assist you in filing a Response document and attend on your behalf.