The process of getting divorced is the same across Australia, as marriage and divorce are Federal responsibilities. So whether you are in Queensland or elsewhere around the country, the procedure is the same.
To obtain a divorce you need to complete and file with the Federal Circuit Court an application for a divorce. To be eligible for a divorce you need to be validly married, (not necessarily in Australia), to have been separated for at least one year, (you can be separated under one roof), and to have informed the other person that you consider that you are separated.
It is also necessary to ensure that you meet the jurisdiction requirements, such as being an Australian citizen or being present in Australia for at least the previous 12 months.
The application process is relatively straightforward and is designed to be completed online. It is possible to make a joint application for a divorce or a sole application. Many people are able to complete the application for a divorce without advice from a solicitor, but sometimes it is better to get some legal advice, especially;
- If you have been separated under one roof – you need to prepare and file some extra evidence.
- If you don’t know where the other person lives
- If you anticipate that the other person may avoid the service of the application
- If you have been married for less than 2 years
- If your marriage certificate is not written in English
Getting divorced just brings your marriage to an end. It does not deal with parenting arrangements or property settlement. If you get divorced and you have not dealt with property settlement, you have 12 months from the date the divorce is made final to commence the process of dealing with property settlement.
This is a strict deadline, if you need legal advice about any Family Law matter, call the Family Law team at Aylward Game Solicitors on 1800 217 217
Article Source: Divorce Application
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