About 33% of all Australian marriages are expected to end in divorce. From cheating and addiction to lack of intimacy, couples can decide to end their marriage for various reasons. While getting a divorce can be emotionally devastating, the process is quite straightforward.
Don’t know the process of getting a divorce in Melbourne? Below is a simple step-by-step guide to help understand the procedure before you get in touch with a divorce lawyer.
Step 1: Meet the Eligibility Requirements
Before filing for divorce, you need to prove to the Family Court of Australia that you are eligible to get a divorce. To get a divorce in Australia, you must meet the following requirements in the divorce document checklist:
- Your marriage must be over for good
- You must have a marriage certificate to provide proof of marriage
- You must have ceased cohabitation with your partner for 12 months and have proof of the separation
- You must meet the Australian residency and citizenship requirements
Step 2: Prepare a Divorce Application and Serve Your Partner
After completing the preliminary steps, you’ll need to prepare and submit your application for divorce. You can apply to the court for a divorce on your own (sole application) or with your former spouse (joint application). For joint divorce applications, you don’t need to attend court. Both parties just need to sign the application.
Once you’ve completed the application, you will have to affirm it in the presence of a Justice of the Peace or one of the divorce lawyers in Melbourne.
For a sole divorce application, you must sign and serve the divorce application to your former spouse at least 28 days before the court hearing if they live in Australia. If they live overseas, serve the application 42 days before the court hearing. In case you can’t locate them, you can apply for substituted service or an order to dispense with service.
Step 3: Filing the Divorce Application
You should pay the required filing fee and lodge it with the Federal Circuit Court. You must include a copy of your marriage certificate. If you applied for a sole application, you must prove that you served the divorce application to your former spouse.
Step 4: Attend the Court Hearing and Finalize the Divorce
If you applied for sole applications with children under 18, you must attend a court hearing. While a divorce case does not sort out any issues relating to parenting and financial management, the court will need to ascertain that your children are cared for, safe, and have a place to live before granting you a divorce. This is why you should present proof of care of children.
Your divorce may be finalized one month and one day after the hearing. The court will issue you with a divorce certificate.
Divorce in Melbourne? Hire a Qualified Divorce Lawyer in Melbourne, Australia
Are you getting a divorce in Melbourne? Want your application to go smoothly? Look no further than Melbourne Law Studio.
Their divorce lawyer professionals blend empathy and expertise through the entire process, giving you advice on how to protect your assets and make the right decisions regarding custody and property settlement. Contact Melbourne Law Studio to take you through the Melbourne divorce process seamlessly. Read more insightful posts from our blog.