Are you thinking towards ending your marriage and looking after the process to make it happen less stress-free and time-consuming at the court? The altercation of thoughts, abusive behaviour, lack of mutual understanding etc. are among the various reasons which force a person to legally end his/her marriage and take the first step towards separation. Being a complete newbie or unaware about the legal practices and its complexity, it is recommend to take help of your Family Lawyers which will make your divorce process easy and smooth from beginning till the end.
We have penned down the necessary chronological steps you need to follow for applying divorce in Australia.
- Australian Citizenship Eligibility
You are entitled to apply for divorce in Australia only if:
- Born and raised in Australia or born outside Australia with at least one parent from Australia.
- Granted with Australian Citizenship.
- Living in Australia for one year with no intention to leave Australia.
- If your marriage happened overseas, then it should be legalised according to Law of that country.
- No door for Reconciliation.
You have tried everything but there are no chances of getting your life back on track with your partner and now you have no intentions to restart your marriage life, yet again. You must be legally separated for at least 12 months and a 1 day with your partner.
- Legally Approved Marriage
Your marriage should be legally recognised according to Law ofAustralia as the court might ask you to present your marriage certificate. If you are married overseas with your partner, then it will be requiring some additional sets of proofs to prove your marriage. Many of us in are not fully aware about the rules and regulations, which end up unwanted trips to the court. You can take assistance of best divorce lawyers in Perth as they are specialized in handling various divorce cases in their past which has given them complete knowledge of documents and procedures to make things hasslefree for their clients.
- Opting for a Legal Advisor
For a better understanding of your case and make things much easier to understand. Hiring experienced family law solicitors can assist you in many ways by explaining the entire process in a very simple language, just the way you like it. As every case is different and demands differnt level ofundestanding, they completely indulge looking after your issues and provide a customized solution accordingly.
- The requirement of Counselling Certificate
If you are married life lasted less than 2 years, you need to also file for a counselling certificate. The certificate will be provided to you when you attend the counselling session by Family Relationship Advice Line. It can also be termed as a last resort of reconciliation.
If you have children who are under 18 years old, it is essential to include aspects in Part F of the application including housing, if not at school – care game plans, tutoring – evaluation and progress – care when school, health and contact with each parent. Searching for top divorce lawyers in Perth or any part of Australia can help you in understanding you all requirements and formalities you might need for making your entire process easy and comfortable.
Your child should be:
- Any child of you and partner, it includes children born before the marriage or after your separation.
- Adopted child by you and your spouse.
- A step or foster child before your final separation.
- Separated but living together in the same roof.
If you and your partner are living together for 12 months before applying for divorce, In such cases, the Court will need additional evidence from you in the form of an affidavit. For joint application, both you and your partner should file the affidavit.
- Filing an Application
According to the Family Law act 1975, you are eligible to apply on your own or along with your partner (mutually) for the divorce. The application will be duly completed and signed by you. However, there will be some different changes in both the cases.
If you wish to apply alone (Sole Application) – As you become the applicant, you have to sign the affidavit for filing divorce application.
If you apply with your partner (Mutual Application) – As both of you are applicants, one partner needs to complete the application and send it to another for review and approval.
- Do you need to visit the Court?
Your visit to court is possibly required for a sole application and there is a child under 18 years from your marriage at the time of applying or you have shown that you wish to go to being referred to 2(a) of the application.
You ought to join if you are applying for a request for subbed administration or an allotment of administration in the conditions when you can’t locate the respondent to serve the court.
Yes, if you need to explain some additional circumstances of your marriage, for example, separation under a similar rooftop/wedded under two years and different circumstances which may affect on the result of your issue. You should carry all records with you to court including a duplicate of your application.
- Getting divorced
If your divorce is approved by the court, it will take one month and one day for finalisation. In special cases, the duration can get more short.
The above mention steps are needed to be fulfilled for making your divorce process comfortable with minimal efforts. Although, we completly undertstand that you are going through a very hard and emotional phase but taking help from a your family lawyer might help you in diminshing your workload and stress. A skilled family lawyer solicitor’s Perth or any other metropolitian city in Australia can assist you like a friend and get you out as soon as possible.