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Divorce in Australia is a legal process that officially ends a marriage. The process involves several steps and stages within the court system. Here’s a guide to understanding how it works:
Before applying for a divorce, you must meet specific eligibility criteria:
Residency: Either you or your spouse must regard Australia as your permanent home, be an Australian citizen, or ordinarily live in Australia and have done so for at least 12 months before filing for divorce.
Separation: You must have been separated for at least 12 months. This might occur even if you are still living under the same roof, but you might need to provide evidence if this is the case.
Application: You might apply for a divorce online through the Commonwealth Courts Portal. This might be done individually or jointly with your spouse.
Documentation: You might need to provide a copy of your marriage certificate and, if applicable, any evidence required to prove separation under the same roof.
Service of Documents: If you file alone, you must serve the divorce papers on your spouse. You might do this by mail or by employing a process server.
Proof of Service: You must prove that your spouse has been served, usually through an affidavit.
Attendance: If you have children under the age of 18, you are required to attend the court hearing unless you have applied jointly. If there are no children under 18, attendance is generally not required.
Decision: The court might ensure that all criteria are met and that proper arrangements are made for any children. If satisfied, the court might grant a divorce order.
Finalisation: The divorce order becomes final one month and one day after it is granted. You might receive a divorce certificate as proof.
Property and Child Arrangements: It’s important to note that the divorce process does not resolve property division or child custody issues, which need to be addressed separately.
Time Limits: After the divorce is finalised, there is a 12-month period within which you must finalise any property and financial matters through the court if needed.
Name Change: At this stage, you may choose to return to your maiden name or a previous name. Understanding these steps and stages ensures that you are well-prepared for the divorce process in Australia, helping to make it as smooth as possible.
