Divorce
Divorce is the legal end to a marriage. It is a separate issue to property settlement and parenting arrangements, but a divorce order does start your twelve-month limitation period for applying to the court for property settlement.
Divorce
Divorce is the legal end to a marriage. It is a separate issue to property settlement and parenting arrangements, but a divorce order does start your twelve-month limitation period for applying to the court for property settlement.
In Australia, we have ‘no fault’ divorce. The only grounds parties must demonstrate is that the marriage has broken down and there are no reasonable prospects they will resume their relationship.
Simply put, it is enough that parties no longer wish to be married and would prefer to go their separate ways.
Can I apply for a divorce?
You are able to apply for a divorce in Australia if:
> There is sufficient connection to Australia, which is the case if you or your spouse:
– Regard Australia as your home and intent to live here indefinitely;
– Are Australian citizen; or
– Ordinarily reside in Australia and have done so for the past months.
> You have been married for over two years or have the required counselling certificate;
> You have been separated (including under the same roof) for at least twelve months and there is no reasonable likelihood of reconciliation; and
> If there are children under the age of eighteen, that appropriate arrangements have been made for their care and support.
Do I have attend court?
An application for divorce can be made solely or jointly.
If you have children under the age of eighteen, an advantage of a joint divorce is that neither party (or their lawyer) is required to appear in court. If you apply solely, you or your lawyer will be required to attend court to answer any questions the judicial registrar mays have about the arrangements which have been made for your children.
If there are no children under the age of eighteen, then neither party is required to attend court.
Nowadays, divorce applications are listed for appearance by telephone or video link rather than in person.
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