Divorce is the legal process under Australian Family Law for bringing an end to a marriage. Divorce itself does not deal with parenting arrangements or financial separation.
To get a divorce, an application must be made to the Federal Circuit Court of Australia and the Court requires the following.
- Evidence of the marriage by showing that you have a Marriage Certificate;
- That there has been an irretrievable breakdown in the marriage, which is evidenced by at least 12 months of separation.
- That the Court has jurisdiction to grant the divorce by finding that one or both of the parties are either:
- A citizen of Australia;
- Are a legal resident of Australia;
- Are domiciled in Australia by having lived here for the 12 months prior to the filing of the Application, or consider Australia home. This is sworn as part of the Application for Divorce.
- That the Application has been properly served on the other party or the Court is otherwise satisfied that the other party is aware of the Application, for example, that it is a joint application.
- That if there are minor children of the marriage that there are satisfactory arrangements in place for the parties’ children.
If you require assistance to obtain a divorce, please do not hesitate to contact us, we can make applying for a divorce much easier for you.