Australia’s Divorce Rate
Marriages can be ended legally by divorce. It could be a trying time for you emotionally. By looking at some fundamental facts, you can de-mystify the divorce process if you’re thinking about it. That mystification is what this post seeks to assist with.
We’ve put up this step-by-step guide to assist you in learning how to seek a divorce if you live in NSW, Australia, to help take the guesswork out of the divorce process.
Step-by-Step Guide To Filing For Divorce
Step 1: Verify your eligibility
You must meet specific standards in order to be eligible for divorce in NSW. Prior to filing for divorce, you must demonstrate to the courts that:
- Right now, you are legally wed.
- The relationship has irretrievably broken down.
- You and your boyfriend have been apart for more than a year.
- One of you has lived in Australia for at least a year and is an Australian citizen or permanent resident.
- Permanent resident or a citizen who has resided in Australia for at least a year
- To be sure there is no chance of reconciliation if you have been married for less than two years, you must attend counselling.
- You will need to present documentation to the courts in order to prove these claims. Your marriage certificate or similar marriage papers, as well as a certificate of citizenship or a duplicate of your visa if you weren’t born in Australia, will be required as supporting proof.
Step 2: Choose Whether To File A Solitary Or Joint Application.
You must make your choice regarding whether to file a solitary or joint application for divorce before the divorce process may begin. Given that there are diverse responsibilities for each approach, it’s critical to comprehend the distinctions between a solo and joint application.
- Single Application
To complete the Affidavit for e-Filing application, only you must sign it. The Affidavit does not require the signature of your ex-spouse or ex-husband, but you must still serve them with the divorce petition.
- Joint Submission
You will each fill out a copy of the application, which the other will then sign. The eFiling Application’s Affidavit must be signed by both of you.
Step 3: Fill Out The Divorce Application Form.
You must complete the divorce application in order to obtain a divorce. Applications are included in the divorce service package, which is available online on the website of Family Courts Australia. A lawyer or justice of the peace must sign the application form in their presence.
If you require assistance with the application, you should get legal counsel from specialists in family law, such as Platinum Lawyers Pty Ltd. We will be able to guide you through the procedure, clarify how the law applies to your situation, offer legal counsel, and show up at your divorce hearing to ensure that a binding divorce decree is issued.
Step 4: Submit Your Application.
The Commonwealth Courts Portal should be used to fill out and submit divorce applications. You’ll need a printer, a visa or MasterCard to pay the application cost, and digital copies of all of your papers, including your marriage certificate and any other necessary documents.
Step 5: Running the Application
A Hearing Date will be sent to you following the filing of the application. You do not need to serve your ex-spouse with any documents if you and they filed for divorce jointly.
You must serve the application if it was filed solely by you. You will need to make arrangements for your spouse to receive certain documents personally. Service is subject to stringent time constraints:
- The documents must be served at least 28 days prior to the court hearing if your spouse lives in Australia.
- The documents must be served at least 42 days prior to the court hearing if your spouse is abroad.
- If you are unable to find your spouse, you must ask the court for permission to serve him or her informally. This can be a challenging application, and you’ll need to have conclusive evidence that you’ve looked into your ex-whereabouts.
You must file a statement with the court attesting to service once the application has been served.
Step 6: Showing Up For The Divorce Hearing
You might not have to show up to the divorce hearing where:
- There are no under-18 children of the marriage (for both sole and joint applications).
- Even if there is a kid in the marriage who is under 18 years old, you have made a joint application.
- You (the applicant) must appear in court if you have filed a solitary application and there is a kid of the marriage who is under 18 years old.
Step 7: Sit Tight For 30 Days.
You will receive a preliminary divorce order on the day of the divorce hearing. This order will automatically become final one month after the hearing date.
Prior to the divorce order being finalized, you shouldn’t make preparations to get married on a particular day. Before the divorce decree is finalized, you are permitted to fill out and submit a Notice of Intended Marriage to an authorized celebrant.
It is strongly advised that you use a family law specialist to guide you through the post-divorce settlement procedure. Platinum Lawyers Pty Ltd, which focuses on family law, is qualified to assist you with your divorce. Need assistance with your divorce? We’re here to support you in reaching a favourable outcome. Call us at (02) 8084 2764 right away.
