Making an application for divorce in NSW or anywhere else in Australia is usually simple. Spousal support, custody arrangements, and property settlements are just a few problems that can make the divorce process more difficult.
If you’re considering separation, Platinum Lawyers, can provide you with an unparalleled Legal Experience, and can assist you with all of the family law difficulties that come with it. We’ll also handle the divorce application paperwork. It can assist you in reducing stress through one of your most trying periods.
Is There Anything You Need To Do Before You File Divorce Papers?
Divorcing spouses must meet several requirements under Australian family law before being granted a divorce, including:
- Separation by law
- Status of citizenship or residence
- Certificate in counselling (in some cases)
While applying for divorce, you must not miss out on some crucial details that we have gathered below!
In NSW and Australia, one or both spouses can file for the divorce process.
If you both agree to divorce, you can file a joint application. A joint application is what we call it. Also, you can file for divorce on your own if your spouse refuses to agree to the separation or if you can’t find your spouse. You are not required to obtain their permission or consent. It is also referred to as a single application.
One of the most significant distinctions between joint and solo applications is the time required. Because the court may usually deal with joint divorce documents more swiftly because they get agreed upon, the procedure gets usually completed sooner.
Some applications may take longer because the court may require multiple hearings to determine the best course of action. Alternatively, if one spouse opposes the separation you would be required to attend a Divorce Hearing. or objects to some of the charges in the papers, a second hearing may get the schedule to determine the truth. Later, the court decides whether or not to grant the divorce.
File Your Application-
All you need is to complete an application form to get a divorce. After that, you must sign and date it in front of a trained witness.
After that, you’ll need to provide a copy of your marriage certificate and the application form (divorce papers). This is then filed online with the Federal Circuit and Family Court of Australia. /In the Federal Circuit Court, this is done (FCC). The Court will charge a filing fee being $944. It is approximately 9 $1000, although you might be eligible for a reduction if you have exceptional circumstances.
Get Your Court Date-
A sealed copy of the application form with the file number and hearing date will be available via the portal. Once the application gets completed, just pay the cost of it.
An Affidavit For e-Filing Application Must Be Signed And Uploaded (Divorce)-
Following the processing of the application, an Affidavit for eFiling Application (Divorce) will be available to download from the site. It must be signed or approved before a lawyer and then submitted as a scanned image on the portal.
Give Your Spouse The Application (If Filing Individually)-
A sealed copy of the application and corresponding attachments, affidavit and a sealed cover sheet will be available. once the scanned image of the affidavit gets downloaded.
According to the Federal Circuit Court Rules, the sealed documents must then be served on your ex-husband or wife. These guidelines stipulate that the papers must be served to the other party within a period before the court date.
Please see the Divorce Service Kit for more information on this and other service rules.
Put The Service Documentation Away (If Filed Individually)-
After you’ve served your ex-spouse with the papers, you’ll need to file an affidavit of service through the site.
The Court Hearing-
Your divorce application gets a hearing date and time. Your hearing date should have been available as soon as you filed your application, so you should know it by now. The following factors will determine whether you must attend your court hearing:
If you file the divorce application solely, you will be given a date to attend court for a divorce hearing. You will only need to attend the divorce hearing if:
- you have filed a sole application and there is a child of the marriage aged under 18 years at the time of filing
- you have indicated that you wish to attend in the application
- either party has objected to the divorce being heard in the absence of the parties, or the respondent files a Response to divorce opposing the application
You do not need to attend a Divorce Hearing if the application was filed jointly with your spouse.
The court will approve a divorce order if they are sure that there are grounds for divorce and that the proper procedure has been followed during the hearing.
If you fail to follow the proper procedure and serve your spouse, the court date may get rescheduled to allow you to do so. When a divorce order gets granted, it becomes final one month and one day after the court hearing.
You cannot remarry between the time the divorce process order is granted and finalised; you must wait until the divorce order gets finalised.
What Occurs Once A Divorce Process Decree Is Issued?
After the final hearing, the divorce process order takes typically affect one month later. When this happens, your marriage gets dissolved. Therefore, you are free to marry again as long as you complete all conditions for a legal marriage in Australia, including submitting divorce documentation.
Keep in mind that you only have 12 months from the date of the decree to file for property settlement and spousal maintenance.
So, if you haven’t previously seen a lawyer, you should contact Platinum Lawyers as soon as possible to get things started. We’re the most outstanding family lawyers in Sydney. We’ll assist you with your divorce process and other family law matters. Call us at (02) 8084 2764.