Has that moment in your marriage come where you and your spouse have decided to part ways? Is there nothing further to do than to get a divorce? Are you facing money problems and fear how much the whole process will take. This article will help you better understand the measures taken to get a divorce in Australia. There are options of a low cost divorce, if in case one of divorcing members is low on cash. You can read about it online, as information is readily available.

What proof do I need to show in order to get a divorce?

Australia's divorce regulations are ' no-fault. ' You don't have to prove the other person was the cause of the end of the relationship. The Court does not recognize the reason for the end of the marriage. The only ground for divorce is the irretrievable breakdown of marriage.

The following is what needs to be proved at court:

You have been separated for at least 12 months before you filed for a divorce from your former partner

There is no opportunity of reconciliation whatsoever

If you've been married for less than 2 years (including at least 12 months of separation), you'll also need to provide a certificate of counseling to demonstrate that you've attended counseling to look at your reconciliation alternatives.

How does one apply for divorce in Australia?

Both of you don't need to agree to get divorced. Divorce applications may be presented by one individual (single application) or as a pair (joint application) together. In case you are low on funds you can look for low cost divorce options wherein you can apply online. Find a legal advisor to help you out.

You can apply online through the website of WA's Family Court. You can also request the Family Court Registry for a Divorce Application. When you apply for divorce, you will have to pay the right charges.

If you apply on your own, you must ensure that your former partner is served with a copy of the request after it has been lodged with the tribunal. The court will not create a divorce order unless your former spouse is satisfied that the request has been made to the court.

How does the court handle the request of divorce in Australia?

Once your request has been submitted, the Family Court will give you a hearing date for the request for divorce to be heard. Usually this deadline is about one to three months after the request has been submitted.

If you and your former partner do not have kids under the age of 18 (including adopted and step-children), you do not need to go to court for a hearing (for single and joint requests).

If the relationship involves children under the age of 18, it is not necessary to attend if it was a joint request. If you have made a single request for divorce, you will have to join the hearing for divorce. The court will have to see that arrangements are in place for the kids

A divorce is not about settlement of assets. You will have to create your own contract or apply for estate orders. Time limits apply: you cannot initiate a property case if the tribunal has given a divorce order for more than 12 months.

If you are approaching the date and you need property instructions, you should be given legal advice asking for approval from the court to begin a property case.

Is it possible to be in opposition of a divorce?

If you are served with a single divorce application, you have the option to reciprocate, which could say you oppose the request. The only reasons to object to a divorce are:

Your separation has not lasted 12 months

The court does not have jurisdiction to consent to a divorce

However you cannot say you have no money, as there are options of a low cost divorce also.

If the application contains errors (such as name spelling or inaccurate information), you can also file a reply to request that these things be fixed without necessarily objecting to the application.

If you submit a reply to say you object to the divorce, you must attend the court hearing, or the tribunal may decide the request in your absence.

Contact us -

Business Name: AU Divorce
Country/Region: Australia
Street Address: Cambridge Street Box Hill VIC 3128
City: Sydney(2001)
State: NSW
Phone: +61383623971
Email: [email protected]
Website : https://www.audivorce.com.au/