How to get a Divorce

How to get a Divorce

Applying for a Divorce in Australia does not have to be a complicated process. Divorce Applications are heard in the Federal Circuit Court of Australia which has jurisdiction to deal with the dissolution of marriage, that is making a Divorce Order.

The first step in obtaining a Divorce Order is to complete and file a Divorce Application.

You can apply for a Divorce by yourself without the need for the other side to cooperate in signing the application. It is also possible for the parties to file a joint application, where both parties complete and file the required paperwork.

Australia has a no-fault Divorce system. This means that you are not required to provide any reasons as to why the marriage has broken down.

In order to obtain a Divorce Order you simply need to prove that:

the parties were married and to provide a copy of the marriage certificate
confirm that the marriage has broken down and that there is no likelihood that you will get back together
have been separated from your partner for a period of 12 months.

If there are children of the marriage, the court is also required to consider whether or not there are proper arrangements in place for their care. In considering this the court will consider whether or not the children have adequate housing, are receiving adequate schooling and whether their health is being properly cared for.

The court does not need to consider putting in place complete parenting orders. The court is simply required to consider whether or not there are proper arrangements in place for the children’s care. In some circumstances the court can even still grant a Divorce Order where proper parenting arrangements are not in place.

If there are children of the relationship, then there is a need to attend court for the Divorce Application.

The main requirement in obtaining a Divorce is that the parties had been separated for a period of 12 months. Normally this is an easy requirement to prove where the parties have moved into separate residences and have remained there for a period of 12 months.

However it is possible to be separated and living under one roof. This is where the parties consider that the marriage had irrevocably broken down, but for whatever reason, remained residing in the one home. Often the parties might move to separate bedrooms within that home.

It is still possible for the court to grant a Divorce Order where the parties have been separated and are living under one roof. There are additional steps required to be undertaken in completing the Divorce Application when the parties are relying upon being separated under one roof. Further evidence is required to be filed including an Affidavit setting evidence of the parties having been separated and under one roof.

Applying for a Divorce order does not have to be a stressful and complicated process. Henniker’s has experience family lawyers that can assist you every step of the way. Contact us today for your free initial consultation where we can discuss the steps involved in applying for a Divorce Order.