How to get a Divorce?

Divorce is a simple legal process that most people do themselves. There are a lot of questions surrounding the divorce process, but our legal team can help your through it.

What do I need to file for divorce?

Step 1 – Proof of Marriage. This is normally done with a marriage certificate. If it is in another language then you will need to change it to English, however if you don’t have a marriage certificate then our family law experts can assist you in getting one.

 

Step 2 – Proof of Separation. You must show that you’ve been separated for at least 12 months before filing your divorce application. If you are still living together in the same house, you can be considered to be separated. You don’t need to officially register your separation, however, you should take note of the date that you and partner do separate. An easy way to do this is to write an email to one another confirming the date of separation.

 

Step 3 – Care of Children. If there are children involved with the relationship, you must have some arrangement where the children are safe and are properly taken care of. The court must be satisfied that the children are not being neglected and have a place to stay.

 

Step 4 – Submit divorce application online. Preparing and submitting a divorce application is now an easy process. The easiest way to submit a divorce application is online. In order to do this, you will need to register with the Family Court. You can do so by clicking here.

 

Step 5 – Serve application on ex-partner. Once you have completed your application, you must serve your application on your ex-partner. You must give it to your ex-partner at least 28 days prior to the divorce hearing. If they live overseas, you need to allow for 42 days.

Do I have to attend court to get a divorce?

Most cases in Australia do not require you to go to court. However, if there are children of the relationship then you may need to attend.

 

If you do need to attend court, you can attend by yourself or with your lawyer. Be prepared and ready to present your case on the day of your court hearing. Do as much research as possible and gather all the information for your case.

 

Make sure you have all your documents clearly organised and mark the documents that have already been filed with the Court. It’s a good idea to bring a notepad and pen with you in case any orders are made by the court.

 

Some people find it helpful to sit in a courtroom before the hearing if they have never been in a court before. Most court hearings are heard in open court so you can do this anytime.

 

There are no strict rules about what you should wear in court, however the court is a formal place and you should try and wear a suit or something that shows your respect to the court.

 

Make sure that you check that you are attending the correct court. Many people make the mistake of thinking that the Family Court handles divorce applications.  It’s actually the Federal Circuit Court handles all divorce applications.

What happens after I file for divorce?

After you filed for divorce you will receive a hearing date that will be about 8 weeks from the point of filing.

 

First of all you must make sure that the application for a divorce must be given (served) to the other party at least 28 days before the hearing date. You can do this yourself or organise a professional company or lawyer to do this for you.

 

Once this is done, the court will grant a ‘decree nisi’, meaning that the marriage will end on a proposed date. The proposed date is 1 month and 1 day after the decree nisi was granted. This will be the date that your divorce is finalised.

How long will it take for my divorce to be finalised?

Filling out your application form can be done in a day. From that time, you will need to lodge your application on the Family Court website. Once you have submitted your application form, the form will be processed within 13 weeks.

 

After the form is processed the court will send you a copy of the court stamped document which you will need to prove that you are legally divorced. This completes the divorce process.

 

Divorce is the legal process under Australian Family Law for bringing an end to a marriage. It does not deal with arrangements for children or the division of property. You can get more information on splitting property HERE.

Can I bring my Children to Court?

Court’s are serious places with no facilities for child minding or play areas. As a result, we think it’s best you try and organise care for your child before you come to court.

Family Law can be confusing. Read more about property settlements or get some understanding as to how parenting arrangements work.