A Practical Guide to Divorce in Australia
Divorce is the legal process of ending a marriage in Australia, and it can be a difficult and emotional time for everyone involved, so below is a guide on getting a Divorce in Australia.
It is important to know that before applying for a Divorce you should have undertaken your property settlement. That is because, once you are divorced you only have 12 months to sort out your property settlement (called a statutory limitation period). It is best practice to do your property settlement first and then to obtain a divorce. You can obtain a property settlement from the day you separate and DO NOT need to wait 12 months.
Step-by-Step Guide to Getting a Divorce in Australia
To help make things easier, here’s a step-by-step guide on how to get a divorce in Australia, once you have completed your property settlement.
1. Meet the requirements.
Before you can apply for a divorce, you must meet certain requirements, including being separated from your spouse for at least 12 months. You must also be an Australian citizen or have lived in Australia for at least 12 months before applying.
2. Fill out an application.
To start the process, you’ll need to fill out an application for divorce. You can do this online. The application will ask for your personal details, your spouse’s personal details, and information about any children you have together.
At ALA Law we can take care of this process for you.
3. Submit the application.
Once you’ve completed the application, you’ll need to submit it to the Federal Circuit Court of Australia along with the filing fee. The court will then review your application and schedule a hearing.
4. Attend the hearing.
At the hearing, you’ll need to provide evidence that your marriage has irretrievably broken down and that you’ve been separated for at least 12 months. If you have children under the age of 18, you’ll also need to provide details of any parenting arrangements you’ve made.
5. Receive the divorce order.
If the court is satisfied that you meet the requirements for divorce, it will grant a divorce order. The divorce order takes effect one month after it is granted.
ALA Law: Your Trusted Partner for Divorce in Australia
In conclusion, getting a divorce in Australia can be a complex and emotional process, but by following these steps and seeking the advice of a family lawyer or mediator, you can make the process as smooth as possible. Remember to take care of yourself and seek support if you need it.
Contact the experienced and expert team at ALA Law to see how we can support you through the process of getting a Divorce in Australia and undertaking a property settlement.