Divorce is a word known by many, but the process is understood by few. The familiarity with the word comes with many speculations. Only the truth must surround a legal process like divorce in Australia. That is why this article will take you on a journey into everything divorce-related.
If you want to learn more about divorce, especially how to get a divorce in Australia, read through this article.
What Is Divorce?
At its core, divorce is ending a marriage (dissolution of marriage) through legal processes. It is important to remember that Australia has a “no-fault” divorce. It means that the Court grants divorce regardless of the reason or reasons for the marriage’s dissolution. None of the spouses must justify the other party’s fault for their relationship’s downfall. When there is no reasonable chance for the spouse to remain married, that is an acceptable ground for divorce in Australia.
A note worth taking is that allowing divorce is not based on issues in line with financial arrangements, property ownership, or child support. Hence, it is a simple recognition of an ending of a marriage between two people.
Before Getting Started
Like any other legal process, getting a divorce has various requirements that applicants must comply with to ensure acceptance by a court. The court is the organisation that will decide whether the application is valid or not. The Federal Circuit and Family Court of Australia handle divorces in all parts of Australia except Western Australia, where the Family Court of Western Australia is responsible for such process.
Divorce is a process and it is necessary to become familiar with how the process works should you be considering a divorce.
Divorce Application in Australia
Australians have two options to get a divorce—sole application and joint application. The sole application is applying by yourself, while a joint application involves both parties in the application. Yet, the same online application can be used for both methods. With that being said, understanding what method to follow is crucial because either case comes with various obligations.
1. Sole Application
Applicants must choose whether the sole or joint application because it will precede any part of the legal process. Once the application method has been finalised, the applicant and respondent are officially acknowledged. Moreover, the law requires only the applicant to sign the application, and the respondent does not need to do so. The applicant shall also serve the application on the respondent.
Service of a divorce application involves various steps, including filing an affidavit in court to confirm that service has been effected. Another essential point to ponder is that the court does not require the parties’ appearance if no children are involved in the marriage and there are no objections by the other party. Otherwise, court attendance is required.
2. Joint Application
The parties involved will be acknowledged as joint applicants regarding the joint application. Only one party will process and complete the application when filing a joint application. The same party will provide the other party with a copy to review and sign. Use eFile to be able to print a copy of the document and give a copy to the other applicant. After reviewing the document, both applicants are required to sign the application. Serving documents is not necessary for a joint application.
Things to Consider When Getting a Divorce
Each heading below may be relevant to the parties getting a divorce. The headings contain information that is needed before applying. Go through the list below to learn more.
1. Less Than Two Years of Marriage
For spouses seeking a divorce where they have been married for less than two years, they need a counselling certificate. The certificate will be given after the parties attend counselling. There are circumstances where counselling may not be required and you should seek further advice regarding the process.
2. Separated, Living in the Same Roof
Couples living under the same roof but claiming to have been separated for at least twelve months before filing a divorce application need to support their assertion. It must be done by providing extra proof of a change in the marriage through an affidavit.
3. Children in Marriage
Particular arrangements must be in place if children under eighteen years of age are involved. The arrangement may include housing, care arrangement before and after school, healthcare, time with each parent, the financial support provided, etc. The arrangement is on a case-to- case basis. Don’t hesitate to seek legal advice for more comprehensive advice on this matter.