Divorce, under Australian Family Law, refers to the legal conclusion of a marital relationship. It’s worth mentioning that the divorce procedure itself does not handle parental responsibilities or the separation of assets.
To initiate a divorce, a formal application must be lodged with the Federal Circuit Court of Australia, and the Court mandates the following:
- Provision of proof of the marriage, which can be done by producing a Marriage Certificate;
- Confirmation of an irretrievable breakdown of the marriage, typically evidenced by a minimum of 12 months of separation.
- Verification that the Court has the authority to grant the divorce. This can be done by demonstrating that one or both parties involved are either:
- An Australian citizen;
- A legal resident of Australia;
- Domiciled in Australia, having lived here for the 12 months preceding the filing of the Application, or regard Australia as their home. This is affirmed as part of the Application for Divorce.
- Assurance that the Application has been properly served to the other party, or that the Court is satisfied that the other party is aware of the Application. An example could be when it’s a joint application.
- Confirmation that, if there are minor children from the marriage, satisfactory arrangements have been made for the children.
If you need support in applying for a divorce, do not hesitate to reach out to us. As the best family lawyers on the Gold Coast, we can simplify the divorce application process for you.
At Collective Family Law Group, our Gold Coast divorce lawyers are experienced in handling all aspects of family law. We have specialist child custody lawyers in the Gold Coast to assist with parenting arrangements and experts in dealing with domestic violence issues. As experienced family law solicitors in Gold Coast, we strive to provide you with all the assistance and guidance you need during this difficult period.
