Divorce
Speak to one of our friendly family lawyers today to see how we can assist you in this process and apply for a divorce on your behalf.
Divorce
We can apply for a divorce on your behalf if you have been separated from your spouse for a period of 12 months.
We offer fixed fees divorce applications so that you can have certainty as to your costs. Our family lawyers are able to commence this process upon receiving your instructions and a copy of your marriage certificate.
Our family lawyers have extensive experience in applying for divorce when one of the parties is overseas or cannot be located. Caroline Springs Family Lawyers work to have your divorce application completed promptly and cost-effectively.
When can I apply for a divorce?
Under Australian Law, you can only apply for divorce after you have been separated for a period of at least one year. The Family Law Act 1975 established the principle of ‘no-fault divorce’. This means when granting a divorce, the Court does not consider why the marriage ended and the only ground for divorce is that the marriage has broken down irretrievably.
If both parties agree to the divorce, you may apply for a joint application for divorce. However, if the other party does not agree to the divorce, you may still go forward with your application but you will need to serve the Divorce application on the other spouse prior to the divorce hearing. If you make a sole application, you are known as the applicant and the other party is known as the Respondent. For a joint application, both parties are known as joint applicants.
Once a Divorce Order is granted at the Divorce Hearing, it does not become final until one month and one day after the Divorce Hearing. Once the Court has fixed the date on which the Divorce is final, you may then make arrangements to remarry.
Can I apply for a divorce if my spouse has moved overseas?
Yes. You may apply for a divorce in Australia, even if you or your spouse are not currently living in Australia. You can apply for a divorce in Australia if either you or your spouse:
- Consider Australia as your home and intend to live in Australia indefinitely;
- Are an Australian citizen by birth, descent or by grant of Australian citizenship;
- Ordinarily live in Australia and have done so for 12 months before filing for divorce.
The Court will need to be satisfied that you and your spouse have been apart for at least 12 months and it is reasonably unlikely you will resume married life.
Can I apply for a divorce if I got married overseas?
If you are eligible to apply for a divorce in Australia, it does not matter whether you were married overseas. There is no requirement for an overseas marriage to be registered in Australia. The foreign Marriage Certificate will be evidence that the marriage occurred. The marriage certificate will be translated into English by a registered translator and filed with an Affidavit of the Translator which:
- Attaches a copy of the marriage certificate;
- Attaches a copy of the English translation of the marriage certificate;
- States that the translation is an accurate translation of the marriage certificate; and
- States that the attached copy of the marriage certificate is a true copy of the marriage certificate translated.
How long does the divorce process take?
The time it takes for a divorce to be finalised depends on many factors. Generally, in complicated matters where for example, the spouse can not be located or you do not have a marriage certificate, the process takes a longer period of time. In addition to such factors, it also depends on how busy the Court is at the time.
Our lawyers at Caroline Springs Family Lawyers understand how stressful the uncertainty may be during this period, therefore we will handle your matter as efficiently as possible to ensure the process is finalised as soon as practicable.
Will a divorce deal with parenting or property issues?
A divorce will not sort out issues relating to children or property. This must be dealt with separately to the Divorce Application. Division of property and custody issues must be done within 12 months of the date of the Divorce Order.
Speak with one of our family lawyers today and find out how to resolve your parenting and property issues.
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