What You Should Know About the Divorce Process in Australia
October 26, 2021
325 viewsWhen your marriage falls apart, seeking family law guidance from an experienced lawyer can help relieve your tension. Here are some things to consider if you're going through a divorce in Australia
During these uncertain times, if you're looking for the best lawyer in Sydney CBD, NSW, Jeffrey of JCL Legal is available by mobile phone. Please call him on 0419 233 670.
In Australia, unlike most countries, divorce has no connection to anyone’s fault. There are only two requirements: 1. that you have been separated for more than 12 months; and 2. there is no likelihood of any reconciliation. If you have been married less than 2 years it is mandatory that the parties undergo a family mediation and obtain a certificate. When you attend the family counselling session and your spouse will not attend, the counsellor is able to issue a certificate that you have complied with the requirements and that your spouse had been provided the opportunity to attend. To qualify for a divorce in Australia you must be in a recognised marriage, have resided in Australia for more than 12 months and consider Australia as your home. If you qualify, an application is filed with the Federal Circuit and Family Court and a time for your divorce hearing will be made. If the application is by the agreement, then the Court will not require your attendance at the hearing. If you have any children under 18 years you must set out on the application the living arrangements that you have made together for the children. If your spouse wants to contest the application for divorce they will need to provide proof that the marriage has not ended and/or the date of separation is less than 12 months from the date of the application. At the present, it is taking 3-4 months to obtain a date for hearing your application. At the hearing as long as all requirements have been fulfilled, an interim divorce order called a decree nisi will be made. This order will become a full order or decree absolute, one month and one day after the hearing. It is not until the Decree Absolute has been granted, that you are then able to remarry. Going through a divorce can be a difficult emotional experience. If your marriage has fallen apart, we can assist you in navigating the divorce process in order to obtain the best outcome possible. Our extensive family law experience allows us to take the time to listen to your concerns and work with you, to determine the best way forward. If I can be of service to assist you or anyone you know, please contact me. Jeffrey 0419 233 670 [email protected] Please click to see more HERE ps. I am available to discuss legal matters either in my office or by Zoom conference; please note that notary services must be undertaken in person.
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