What Are The Steps For Getting A Divorce?
The Court System
It is not uncommon for parties to be overcome with emotions whilst in the throes of divorce. When dealing with such life-changing decisions, we often need to step away from our feelings to allow for preparation of the circumstances and the future. The Federal Circuit and Family Court of Australia has the jurisdiction or power to deal with dissolution of marriage (i.e. divorce) under Part VI of the Family Law Act 1975. To enable the dissolution of marriage blame is neither sought nor attributed. Furthermore, the Family Law Amendment Act 2024 (Cth) (FLAA) which came into effect on 6 May 2024 gives priority to the children’s interests.
Understanding the Process of Divorce
With consideration to the legal aspects of divorce and separation, we will provide a brief and simple explanation to help guide you through the legal process. We recommend that you seek professional advice and guidance which may not be limited to just the legal aspects and the actions required to formalize this parting of ways. The well-being of your children, finances, changes to environment and lifestyle must not be neglected and preferably should be thoroughly planned to minimize negative impacts of divorce and separation especially where children are involved.
How Do I Prepare For Divorce In Australia?
To describe the requirements in simple terms, the couple must have been living separately for a minimum of 12 months. At least one of the couple must be an Australian citizen or you or your spouse ordinarily live in Australia and have done so for at least 12 contiguous months before filing for divorce. In this context, couples include de facto or same sex partnerships. Even if under the same roof, their lives must be independent. Intimate relations during this period could complicate matters. Where children are involved, arrangements and plans for their routines, schooling, activities, lifestyle, interactions and contact with family and friends must be made.
Joint Divorce Application Form
The Federal Circuit and the Family Court of Australia are the main bodies involved in filing divorce. The process includes filling out the application form and paying a fee.
Handover Divorce Paper
After fulfilling the legal requirements as per Australian Family Laws requirements in Australia, the divorce application is sent to the opposing party, thus ensuring that the opposing party is aware. It is crucial to apply for dispensation of service in case you are unable to find the opposing party’s address.
Court Hearing
Court hearings for divorce are usually conducted electronically which allows one to attend over the telephone. This negates the need for physical attendance at the court registry or even having a legal representative. No matter how mature or transparent the relationship with the child, it would be advisable not to have them attend any hearings. If both parties agree to divorce, there is only 1 case i.e., if they don’t have children that are less than 18 years of age, a court session is not compulsory. Usually, this hearing process includes addressing the raised objections, and the application process is thoroughly reviewed.
When Is A Divorce Hearing Compulsory?
You must attend a hearing if,
- you have filed a sole application and the child is aged under 18 years at the time of filing
- you have requested to attend, when making application
- either party has objected to the divorce unless both parties are in attendance,
- the application has been opposed by the respondent.
It would be wise to attend the hearing if the divorce is likely to have complications or matters that could call for more information or clarity to be given to the courts. Your family lawyer can advise you of these factors and what you may need to have ready to support your application.
Divorce Order
A divorce order is issued only when the court has finalized the Divorce application form. The marriage officially ends after one month, and an order form is given to you for your records.