Family Law - Divorce Process
Family Law - Divorce Process
Guiding You Through the Divorce Process in Australia
At Verve Legal, we understand that divorce is a significant life transition that can be both legally and emotionally complex. Our experienced family law team is here to provide clear guidance and support, ensuring you navigate the divorce process smoothly and in compliance with Australian family law.
Ground for Divorce:
In Australia, the sole ground for divorce is irretrievable breakdown of marriage. This means, where there is no possibility of resumption of cohabitation, only in such a case the parties can apply for divorce. The Court is not concerned with the reasons behind the breakdown of the marriage, but the only requirement is that the separation is on a final basis.
Either of the party to a marriage can apply for a divorce, if the parties have been separated for a continuous period of twelve (12) months immediately preceding the application.
Meaning of Separation
Separation does not have to be by leaving the household. The relationship can be ended by either of the party by communicating their intention to end the relationship and effectively acting on it.
The parties can live separately and apart under the same roof. However, it must be established that the marriage has broken down. This means there is complete separation of all aspects of the relationship such as financial interdependence, sexual relationships and recognition of marriage in social and private life. The applicant must show that the marriage has broken down and that the parties have lived separately for a continuous period of twelve months.
Steps to Obtain a Divorce
- Meeting the Eligibility Criteria
- You must be separated for at least 12 months and 1 day.
- Either you or your spouse must be an Australian citizen, hold permanent residency, or have lived in Australia for at least 12 months before applying.
- Filing the Divorce Application
- You can apply jointly with your spouse or individually.
- Applications are lodged online with the Federal Circuit and Family Court of Australia.
- Serving the Divorce Papers (if applying individually)
- If you apply alone, you must serve a copy of the application to your spouse.
- Court Hearing (if required)
- If there are no children under 18, a hearing is generally not required.
- Attendance at a hearing will be required only where there are children under 18. The court will need to be satisfied with the proposed parenting arrangements for the children before granting the divorce order.
- Finalising the Divorce
- If the court is satisfied with the application, a divorce order is granted.
- The divorce becomes final one month and one day after the order is made.
Key Considerations in Divorce
- Parenting Arrangements – Divorce does not automatically decide parenting matters; Court must be satisfied regarding proper arrangements for children under 18 years. This can be done by Parenting Plan or by Initiating Application for Parenting Orders. You cannot file a Divorce Application unless proper arrangements for children are in place.
- Property Settlement – Property division must be finalised within 12 months of the divorce becoming final.
- Spousal Maintenance – One party may be entitled to financial support post-divorce.
Get in Touch
If you are separated or considering whether to file an application for divorce, Verve Legal is here to help. Contact today for expert legal advice and support throughout the process.
