You deserve to know your legal rights and responsibilities. We will guide you through the process every step of way, ensuring that not only are all potential outcomes discussed but also advice where it is relevant for your unique circumstances. You can rely on our expert family lawyers at Mornington Family Lawyers for a wide range of legal services. We offer sound advice and practical solutions tailored to your needs, whether you’re dealing with simple or more complex cases. We have experience in all family law matters and have helped many clients resolve their matters.
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Under Australian Law, you can only apply for divorce after you have been separated for a period of at least one year. The Family Law Act 1975 established the principle of ‘no-fault divorce’. This means when granting a divorce, the Court does not consider why the marriage ended and the only ground for divorce is that the marriage has broken down irretrievably. If both parties agree to the divorce, you may apply for a joint application for divorce. However, if the other party does not agree to the divorce, you may still go forward with your application but you will need to serve the Divorce application on the other spouse prior to the divorce hearing. If you make a sole application, you are known as the applicant and the other party is known as the Respondent. For a joint application, both parties are known as joint applicants. Once a Divorce Order is granted at the Divorce Hearing, it does not become final until one month and one day after the Divorce Hearing. Once the Court has fixed the date on which the Divorce is final, you may then make arrangements to remarry. You will need a copy of your marriage certificate to apply for a divorce. If you do not have a copy, you should contact Births, Deaths and Marriages.
The time it takes for a divorce to be finalised depends on many factors. Generally, in complicated matters where for example, the spouse can not be located or you do not have a marriage certificate, the process takes a longer period of time. In addition to such factors, it also depends on how busy the Court is at the time. Our lawyers at Mornington Family Lawyers understand how stressful the uncertainty may be during this period, therefore we will handle your matter as efficiently as possible to ensure the process is finalised as soon as practicable.
A divorce will not sort out issues relating to children or property. This must be dealt with separately from the Divorce Application. Division of property and custody issues must be done within 12 months of the date of the Divorce Order. Speak with one of our family lawyers today and find out how to resolve your parenting and property issues.
Yes. The Court will need to be satisfied that you and your spouse have been apart for at least 12 months and it is reasonably unlikely you will resume married life. You may apply for a divorce in Australia, even if you or your spouse are not currently living in Australia. You can apply for a divorce in Australia if either you or your spouse:
If you are eligible to apply for a divorce in Australia, it does not matter whether you were married overseas. There is no requirement for an overseas marriage to be registered in Australia. The Foreign Marriage Certificate will be evidence that the marriage occurred. The Court will need to be satisfied that you and your spouse have been apart for at least 12 months and it is reasonably unlikely you will resume married life. The marriage certificate will be translated into English by a registered translator and filed with an Affidavit of the Translator which: