It is not uncommon for people to confuse "divorce" for the resolving of parenting and financial issues. These matters are quite separate and do not need to be dealt with at the same time.
Making a Divorce application
A divorce involves the making of an application to the Federal Magistrates Court seeking a Divorce Order. The requirements to make such application for a Divorce include the following:
- The parties need to have been separated for at least 12 months before they can apply for divorce.
- The parties can still apply for a divorce if they have remained living together but have been separated under the same roof for 12 months. Evidence that the parties were living separated will need to be put before the court in such circumstances.
- There are jurisdiction issues that parties will need to satisfy to obtain a divorce in an Australian court. Usually however, if one of the parties has lived in Australia for a lengthy period of time, there will be no difficulties in this regard.
- A divorce becomes final 1 month and 1 day after a Divorce Order is granted and at that time a Divorce Certificate will issue. Once a divorce is granted, the parties are free to remarry.
Parties need to satisfy the court that they were married in the first place, that they have been separated for a period of 12 months, that it is appropriate for an Australian Court to hear their matter and that proper arrangements have been put in place for the care of the children.
No fault applications
Family law in Australia, including the law about divorce, is a no fault jurisdiction. That means your application will not be about cause or blame. The only grounds for divorce are that the marriage has broken down irretrievably and this is evidenced by the 12 months separation.
We can help
Difficulties sometime arise in divorces, including a difficulty or inability to locate the other party, difficulties in relation to service on the other party and also difficulties that can arise in relation to separations under the same roof. At Springwood Lawyers we can help you work through these difficulties and obtain your divorce.