The Divorce Process: What You Need to Know

Divorce

Unfortunately, for more and more couples, marriages are ending in divorce. While divorce is rarely easy for anyone, the process of filing and obtaining a divorce does not have to be difficult if you fully understand what to expect.

  • Who can file?

In Australia, an application for divorce can be filed by either member of a couple who have been married a minimum of 2 years or have completed specific counselling required by the Family Court. You must be able to prove that the marriage is beyond repair and have been separated for at least 12 months. In addition, you cannot have lived in the same home for this 12 month period of time.

At least one spouse is required to be an Australian citizen, resident of more than 12 months, and/ or domiciled in Australia for 10 years. If you were married overseas, you can still file for divorce, provided you consider Australia to be your permanent home or an Australian resident. Be certain to have a copy of your marriage certificate in English. If you cannot do this, you will need to obtain an affidavit from the translator stating his or her credentials and attach copies to the original.

  • What if we still live together?

There are couples who file for divorce, yet continue to live under the same roof. This is legal, but you will be required to prove there has been a complete breakdown in the marriage relationship, including cessation of sexual activity, separate banking accounts, beds, meals, and more.

  • How much does it cost?

While the exact cost of a divorce varies from one person to another based on their particular circumstances, the average fee starts at $825.

  • How long does it take to finalise?

In most Australian divorce cases, it takes approximately 4 months to obtain your official divorce certificate, often referred to by its official name of Divorce Decree.

  • Is court attendance required?

This varies, depending on whether or not there are minor children involved. This includes foster children, as well as step children. If there are no children, court is rarely required, though this is subject to change.

If you are afraid your marriage is headed for divorce, it is now time to start looking for excellent and honest solicitor who can ensure your divorce goes off with a hitch, such as those at kawalsky.com. au

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