Applying for a divorce
If you wish to get a divorce, the process and can simple or difficult depending on the situation. To apply for a divorce, you need to complete and file a divorce application with the Family Law Court of Australia. Our lawyers provide you with the assistance and guidance in the divorce application process and are here to help you with an issues or questions.
Summary of steps in getting a divorce:
- Separation – you must be separated for 12 months before applying for a divorce.
- Application – you must file an application for divorce with the Federal Circuit Court. In some instances, support affidavits may be required.
- Service – if the application was not signed by both parties as a joint application, then you will need to serve the application on your spouse within a specific time frame.
- Hearing – the hearing date will depend on the availability of the Court but is often approximately six to eight weeks after the date the application is filed. If you are successful, a Divorce Order will be made at the hearing.
- Notification of Divorce – the Divorce Order will not take effect until one month after the hearing. After that time, you will receive a copy of the Divorce Order by post.
When submitting the application for divorce, you will need to include a copy of your Marriage Certificate, as well as evidence of any existing cases or orders regarding parenting arrangements or property settlement.
Richard Armour and the team of lawyers at Armour & Allen are experts when it comes to Family and Divorce Law. To find out about how the legal team can help you, contact us for a free no obligation interview and assessment of your situation.