Australian Divorce Application Form: Initiating the Legal Process

1. Australian Divorce Application Form: Initiating the Legal Process

Divorce is the legal end of a marriage (marriage breakdown). Australia has “no fault” divorce. This means that when granting a divorce, the court does not consider the reason why the marriage ended. Neither spouse needs to prove that the other did (or did not do) anything that caused the marriage to break up. The only grounds for divorce are if the marriage has broken down and there is no reasonable chance of the parties getting back together. The Federal Court and the Family Court of Australia (the Court) have jurisdiction or power to deal with divorce under Part VI of the Family Law Act 1975.
Granting a divorce does not resolve issues of financial support, property division or child custody arrangements. It is simply a formal acknowledgment of the end of the marriage.

2. Can I file for divorce?

You can file for divorce in Australia if you or your spouse:

consider Australia your home and intend to live there indefinitely, or
are an Australian citizen by birth, ancestry or Australian citizenship, or
ordinarily lived in Australia and did so for the 12 months immediately before filing for divorce. You must satisfy the court that you and your spouse have been separated for at least 12 months and there is no reasonable prospect of returning to married life. Can live together in the same accommodation when separated. This is called separation but living together under the same roof.
Same-sex couples are treated the same as other couples and can apply for divorce if the marriage is recognized in Australia and you meet the conditions for divorce under the Family Law Act 1975.

If you were married overseas and your overseas marriage is recognized in Australia (under Part VA of the Marriage Act 1961), you must provide the court with a copy of your marriage certificate. If your marriage certificate is not in English, you must upload an English translation of the marriage certificate as well as a sworn translation of the marriage certificate prepared by a certified translator.
If there are children under 18, the court can only grant a divorce if it is satisfied that suitable arrangements have been made for them. You will be asked to provide information about any children born from the marriage or who are considered family members in your application. Be sure to provide complete details about how children spend time and communicate with each parent, their schooling, health, and financial support.

3. What about my children and/or my finances and assets?

Granting a divorce does not resolve issues relating to your finances, property, maintenance or parenting arrangements.
To sort these problems out, you can:

Participate in dispute resolution to resolve or ameliorate disputed issues
enter into an agreement with your spouse and submit it to the court, called a consent order, or enter into a parenting plan or financial agreement, or apply for a court order where you and your spouse cannot reach an agreement (time limits may apply). Granting a divorce causes a statute of limitations (time limit) to go to court for most financial matters. Most financial/property proceedings arising from the breakdown of a marriage must be commenced within 12 months of the effective date of the divorce decree, unless otherwise agreed with the other party.
If you need help with arrangements for your children or your finances, contact the Family Relations Advice Line (FRAL). FRAL is a national telephone service that helps families affected by relationship problems or separation, including information about parenting arrangements after separation. It can also direct callers to local services that offer support.

4. When can I remarry?

You should not consider remarrying until the divorce is final (in most cases, one month and one day after the divorce hearing). The divorce process takes a long time and you should not assume that the divorce will be resolved at the first court hearing. If your application is incomplete or the Registrar has questions about a specific part of your application, you may be asked to provide further information.
If you intend to remarry, you must give notice at least one month before the wedding date and comply with the other requirements of the Marriage Act 1961. You can complete and submit a notice of intention to marry your partner. Authorised. celebrant before the divorce order is finalized, but the celebrant must see a copy of the divorce order before the marriage can take place.

5. Practice introduction

Practice Directions are procedural instructions issued by the Court. They complement laws, rules and regulations. They provide specific guidance on the practices and procedures that should be followed in certain types of proceedings.
The Practice Directions are issued by the Chief Justice/Chief Justice on the advice of the Court's judges, in accordance with the inherent power of the Court to control its own processes, as well as the power conferred by the Court of Justice. state on the 2021 Law conferred upon the Court. Australian Family and Circuit Courts. provide guidance on the practices and procedures to be followed in proceedings.
In general, practical guidance is issued for:

supplement specific legal provisions or procedural regulations
establish more detailed procedures for specific types of proceedings, and
inform the parties and their attorneys of matters that require their attention. Below are links to practice guides applicable to this area of ​​law:

Family law practice guide - Divorce procedures (FAM-DIVORCE)
read more
How to file for divorce (PDF, 1.1 MB)
This diagram shows you how to file for divorce in court, whether you do it with your spouse or alone. It also includes a checklist of key documents you may need to provide to the Court to support your application, as well as useful links to other resources that may help you.

6. Why should professionals use ACC Law Firm's divorce Service?

• Legal Expertise: ACC Law Firm specializes in family and divorce law, ensuring that professionals receive expert legal guidance and support throughout the divorce process.

• Customized Solutions: Each divorce case is unique, with its own set of circumstances and challenges. ACC Law Firm tailors its services to meet the specific needs and goals of professionals, ensuring the best possible outcome.

• Legal Compliance: Divorce involves numerous legal requirements and paperwork. ACC Law Firm ensures that all documentation is completed accurately and submitted on time, preventing potential delays or legal issues.

• Objective Advice: Emotions often run high during divorce proceedings. ACC Law Firm's legal professionals provide objective advice and a calm, rational perspective, helping professionals make sound decisions in the midst of emotional turmoil.

• Conflict Resolution: Divorce can be contentious, but ACC Law Firm is experienced in conflict resolution. They work to minimize disputes through negotiation, mediation, and alternative dispute resolution methods, reducing the need for costly litigation.

Q&A

Question 1: What is the purpose of the application form for divorce in Australia?

Answer 1: The application form for divorce in Australia, known as the "Application for Divorce," serves the purpose of formally initiating the divorce process. It is used to request the dissolution of a marriage and provides essential information to the court.

Question 2: Where can individuals in Australia obtain the Application for Divorce form?

Answer 2: Individuals in Australia can obtain the Application for Divorce form from the official website of either the Family Court of Australia or the Federal Circuit Court of Australia. These websites offer the most up-to-date version of the form, which should be used when applying for divorce.

Question 3: What information is typically required when completing the Application for Divorce in Australia?

Answer 3: When completing the Application for Divorce in Australia, individuals typically need to provide information such as their names, addresses, date and place of marriage, reasons for the divorce, arrangements for children (if applicable), and details of any legal documents related to the marriage.

Question 4: Are there any specific steps or requirements individuals should be aware of when submitting the Application for Divorce in Australia?

Answer 4: Yes, individuals in Australia should be aware of the following steps and requirements when submitting the Application for Divorce:

• Ensure they meet the legal requirements, including having been separated for at least 12 months.
• File the application with the appropriate court and pay the filing fee (if applicable).
• Serve a copy of the application on the other spouse following the court's guidelines.
• Attend any required court hearings or provide additional information as requested by the court during the divorce process.