How to Prepare a Divorce Application
Often, separated parties confuse the process of Divorce with issues regarding property and parenting. However, a Divorce is a separate application.
The sole requirement for a Divorce is an “irretrievable breakdown of the marriage”. This “breakdown” is established by the spouses having been separated for at least 12 months (which can include separation “under the one roof”).
To apply for a Divorce you must:
- Complete the Application for Divorce, file it in the Federal Circuit Court and pay the Application fee.
- You can apply jointly with the other spouse’s consent, or individually without their consent.
- If you apply individually you must arrange to “serve” the filed Application on the other party at least 28 days before the hearing, and then file an Affidavit proving service.
- If there are children under 18 years there needs to be detailed information in the Application as to the current arrangements regarding the children.
- If there are children, the Applicant will be required to attend Court for the hearing. If there are no children no attendance is required.
- If the other spouse files a “Response” (objection) or if the spouses still live under the one roof, one of the parties should attend the Hearing to answer any questions the Court may have.
- A final Certificate of Divorce (Divorce Order) is issued one month and one day after the Divorce was granted by the Court. Your divorce is then final. You can only remarry after the divorce is final.
If you need assistance with a Divorce Application, please contact our office on (07) 3221 4300 for more information.