Divorce application file

1. Divorce application file

Divorce is the legal and official end of a marriage. It is different from property settlements and parenting agreements after the breakdown of a marriage.
You don't have to get a divorce when you separate unless you want to remarry, but staying married may affect your legal obligations. It is important to get legal advice if you are unsure about what you want to do.
To get a divorce, you must prove that your marriage is "irretrievably broken". This is demonstrated by being apart for 12 months or more and the inability to rekindle the relationship. Separation can be initiated by one person, or by both.
Australian law does not consider whose fault caused the marriage to break up when considering a divorce application.
Can I get a divorce? To file for divorce, you must be separated for at least 12 months and you or your spouse must:

be an Australian citizen, or
live in Australia and make Australia your permanent residence, or
reside in Australia for at least 12 months before applying for divorce. If you got married overseas, you can file for divorce in Australia as long as you meet the above criteria.
If you have been married less than two years, you will need to meet with a family counselor and submit a certificate of counseling or ask the court for permission to file for divorce without a certificate.

2. Divorce can be filed by one person or jointly.

Separate
Separation often means living apart. It can be initiated unilaterally by one spouse or the other, or decided by mutual agreement. To prove that your marriage is "irretrievably broken", to get a divorce, you must be separated for at least 12 months.
It is possible to be “separated under one roof” if certain criteria are met. If you are living separately under the same roof, it is important to get legal advice.
How to register
You will need to apply for divorce in the Australian Federal and Family Court. If you live in Western Australia, you will have to apply to the Family Court of Western Australia. Family law court websites have information, fact sheets and application kits to guide you through the process.
You can apply together (“joint application”) or just one person can apply (“joint application”). Whether you need to go to court will depend on whether the application is joint or single and whether you have children under 18.

3. The divorce order will not include parenting or property arrangements.

If you have children under 18, the court can only grant a divorce if it is satisfied that suitable arrangements have been made for them. Children and Family Law has information about arranging the care of your children after the breakdown of a relationship.
You can apply for a property order before your divorce becomes final. If you do not get a Property Order after your divorce becomes final and you want one, you must apply to the court for a Property Order within 12 months. Money and Assets contains information about sharing your money and assets after the breakdown of a relationship.

4. Limited time

As with many other family law matters, it can be difficult to set a specific time limit for granting a divorce. In most cases, a divorce order takes effect one month and one day after the court orders it. However, the court may not make an order at the first hearing and may ask you to provide additional information.

Q&A

1. What is a divorce application, and why is it necessary in the divorce process?

A divorce application is a formal legal document submitted to the court to initiate divorce proceedings. It is necessary because it officially starts the divorce process and allows the court to address issues such as property division, child custody, and support.

2. What information and documents are typically required when filing a divorce application?

*When filing a divorce application, you will generally need to provide the following information and documents:

• Personal information of both spouses.
• Marriage details, including the date and place of the marriage.
• Grounds for divorce, such as irreconcilable differences or other legally recognized reasons.
• Information about any children of the marriage, including custody and visitation arrangements.
• Financial information, including assets, debts, and income.
• Any existing prenuptial or separation agreements.*

3. How is a divorce application filed with the court, and what is the process afterward?

A divorce application is typically filed with the appropriate court by submitting the completed forms and paying the necessary filing fees. Once filed, the court will review the application, serve notice to the other spouse, and set a timeline for responding. If both parties agree to the divorce and terms, the court may grant a decree of divorce. If there are disputes, the court may hold hearings to resolve them.

4. Can I file a divorce application without an attorney's assistance?

While it's possible to file a divorce application without an attorney's assistance, it is often advisable to consult with or hire an attorney, especially if the divorce involves complex issues or disagreements. An attorney can provide legal guidance, ensure that all required documents are properly filed, and help protect your rights and interests throughout the process.

Please note that divorce laws and procedures may vary by jurisdiction, so it's important to consult with a legal expert or attorney familiar with the laws in your area when filing a divorce application.