How do I file a Divorce in Australia?

 

Divorce, also known as “termination of the marriage,” is the legal dissolution. Family law solicitors manage the divorce proceedings (each estranged spouse retains their counsel), including various issues ranging from property division to child custody.

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While it is critical to hire a lawyer knowledgeable about your financial and other best interests in a divorce, it is also critical to find a solicitor with whom you feel personally satisfied. Divorce is a highly emotional process that necessitates sensitive interpersonal skills about legal knowledge.

 

When your marriage is not successful, then you may apply for a divorce. So many people wonder and face difficulties when they don’t know about the process. 

 

Let’s start with some easy steps :

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Step 1: Do you have the legal right to divorce?

• If you’ve resided in Australia for at least a year and have been separated for at least a year – and there’s no hope of reconciliation – you’ll most likely qualify.

 

• If you married outside of Australia, you could file for a divorce in Australia if you match the conditions outlined above.

 

• Suppose you’ve been married for far less than 2 years. In that case, you must undergo family counseling and file a counseling certification, or you must obtain court authorization to end the relationship without the certificate.

 

• There is no chance or realistic hope of restarting marital life: This indicates that both parties are certain that they do not wish to remain married to one other.

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A divorce petition can be filed by one individual alone or jointly by two people.

 

Step 2: Gather your divorce paperwork.

As first foremost, you would need to prepare and file an appeal for divorce. You have the option of filing a joint application (you and your ex-spouse applying together; both signatures are necessary) or filing a solitary application (you submit by yourselves) (only your signature is required).

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There are a few choices for having the divorce application paperwork created. You can hire a personal solicitor to accomplish this for you, but they often cost up to $1,000 to $1500(or even more!) to write divorce documents.

 

 Candidates can also enroll with the Commonwealth Courts Portal to prepare and file a divorce application. 

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Fortunately, with divorce, you may save exorbitant legal expenses by using our simple and inexpensive online Divorce Kits, which offer top quality at only $89.

 

 Each Kit contains a completed Application for Divorce form and a complimentary copy of our full step-by-step Divorce Guide (usually $29).

 

Step 3:Fill out the divorce application:

Your divorce petition and any accompanying papers must be reporting requirements and witnessed.

These can be sworn or confirmed, but only in a witness authorized to witness affidavits.

 

A solicitor, for illustration, or a Justice of the Peace.

 

When you call your local police station, they will usually have someone available to witness affidavits.

 

Step 4: Fill out the following forms and submit them to the Court:

Make two photocopies of the original divorce file, signed and attested (or affirmed) by a trained witness. When you seek a joint application, both you and your ex-spouse must sign the paperwork before it can be filed with the Court. See our Divorce Guide for additional information. You will also require a copy of your marriage certificate.

 

If you want to join the Family Court in your region, you must first register with the Family Court registry. Then you must file that paperwork with the Family Law Courts. You can file your paperwork in person at your local County Family Courts registry or by mail. When you file your application, you must pay the Court filing fee.

 

Step 4: Complete your copy of the marriage certificate:

You must produce a document of your marriage certificate to the Court whenever you register your application for divorce. Even if your marriage certificate is not in English, you must present a translated copy as well as an affidavit from the translation service. Check out the marriage certificate announcement translations format.

 

Suppose you do not even have a copy of your marriage certificate. In that case, you should try to seek or get one from the appropriate authorities in Australia or elsewhere where the marriage took place. If you are incapable of getting two copies of your marriage certificate, you must submit an affidavit with the Court stating why you cannot obtain a copy.

 

Step 5: The Court proceeding :

After you file your divorce papers in the step above, you will be notified of the court hearing. If your divorce proceedings are in order and include all essential facts, the Court will issue a divorce order during the hearing. One month and one day the Court hearing date, the separation order will become final.

 

If you submitted a joint application, you are not needed to attend the Court hearing. If you filed a solo appeal and have kids from the wedding under 18, you must show up in Court.

 

 If you filed a single application and there are no minor kids under the age of 18, you are not needed to attend the hearing.

 

Step 6:Understand its cost :

You must pay a fee of $940, although you may be liable for a discounted price. Visit and determine whether you are qualified; go to Fee Reduction Guidelines. In addition, if you have a health care card, you must give a photocopy of it.

 

If you file a joint application, both parties must be eligible; the full price is charged if only one person is qualified.

 

The registration fee is charged when the application is submitted using a Mastercard or Visa credit/debit card through the Commonwealth Courts Portal. If you are not qualified for a discounted price but paying the full fee will give you economic difficulties, you can qualify for the lower fee. 

 

If you do not have a credit/debit card, you can get a pre-paid debit card for a small cost from various retail shops.

 

Step 6: Take legal assistance :

If you need assistance completing the application or are unclear if you are entitled to file for divorce, you should get legal counsel. 

 

In addition, a lawyer can clarify how the law applies to your case. The Court cannot give legal advice since doing so would jeopardize the Court’s capacity to decide a matter impartially.

 

Toowoomba family Lawyers can provide you with free legal aid.