By far, The best way to get divorce papers is to apply for a divorce online. In this 2022 guide, we will let you know the best way to get divorce papers. You can also talk to one of our lawyers at Mediations Australia.
To begin, you must have been legally separated from your spouse for at least 12 months and one day, with no prospect of reconciliation.
If you’ve been married for less than two years, you’ll need to meet certain requirements before filing for divorce.
You have the right to divorce if you and your husband/wife consent to counseling to evaluate the possibility of reconciliation. If your counseling efforts are unsuccessful, you may ask the counselor to sign a statement declaring that he or she has discussed the possibility of reconciliation with you and your ex. If your ex refuses to attend counseling, you can still get divorced if you include an affidavit with your divorce application.
If you want to find out how long it takes to get a divorce, this article is useful.
How to Get Divorce Papers?
You can get divorce papers by applying for a divorce in Australia either online or by completing the necessary paperwork and mailing them to a Family Law Registry.
A lawyer, Justice of the Peace, or authorized witness must sign and swear or affirm the Application for Divorce form. The original document must be presented, as well as two photocopies.
You’ll need a photocopy copy of your marriage certificate. All other documents, such as a proof of citizenship or a photocopy of your visa, do not need to be sworn, affirmed, or certified. In your application, each document should be replicated three times.
Thinking about separation or divorce?
Can I Divorce with Consent from My Ex?
You must serve a copy of your divorce application to your former spouse if you are the lone applicant for divorce. As the applicant, you must demonstrate to the court that the application was properly served and received by the other party. This is normally done by filling out an Affidavit of Service and submitting it to the court. At Mediations Australia, we can help you with this.
If the other party objects to the divorce or disagrees with any of the facts stated in the application, they may file a response.
If the other party does not object to the divorce, they are not obligated to attend the hearing. If there are no kids (under 18) and you have filed an Affidavit of Service indicating that the application has been served on the opposing party, you will not be needed to attend the hearing.
Divorce Application Service Issues
You’ll need to ask the court for substituted service or dispensation of service through your divorce lawyer if you don’t know where your ex-spouse is or are having problems serving the divorce application.
You can use substituted service to serve the divorce application on a family member who has contact with your ex-spouse or at their place of employment. A service exemption is granted only in rare situations. It means that the divorce will be granted without the other party being notified of the proceedings.
If you were married outside of Australia and now live here, you can still request a divorce. A copy of the marriage certificate, as well as an English translation, must be provided if applicable. Either you or your ex-spouse must be Australian citizens, or one of you must have spent at least 12 months in Australia with the goal of staying permanently.
When is the divorce going to be Finalized?
One month and one day after the hearing, the divorce is usually granted.
If you want to get married again, you should wait until your divorce is finalized before making any plans. Not all divorces are finalized at the initial hearing. In other words, wait until your divorce has been approved before remarrying.
In some situations, the court will want additional documentation of the separation date or those proper arrangements have been established for any children under the age of 18.
A relevant article here:
What about the Property Settlement?
Property issues and parenting matters are not resolved during a divorce. But talk to us today at Mediations Australia and we can assist you in this regard.
The period shortly the following a separation can be emotionally charged. As soon as the dust settles, we recommend seriously considering how you and your ex-spouse will share your assets.
A property settlement will be simple for some couples. This will be a more difficult process for others, particularly those with convoluted finances involving firms, companies, trusts, or self-managed superannuation funds.
If the parties are able to discuss and agree on the partition of matrimonial property, that is the best-case scenario. The majority of these disputes are settled within three to six months of the start of settlement talks.
If you intend to negotiate a settlement with your ex-spouse on your own, you should first seek legal counsel from a family lawyer to ensure you understand your rights and entitlements.
Once you’ve reached an agreement, have a family lawyer create legally binding conditions of settlement for you, these are called consent orders. It is not enforceable if your agreement is not formalized using one of the two methods specified by the Family Law Act.
Considering a Property Settlement?
The majority of couples complete their property settlement before filing for divorce. The reason for this is simple: people cannot and should not have to wait a year after their divorce to be financially independent.
If a divorce order has not yet been finalized, the parties have 12 months from the date of the order to begin court proceedings about a property settlement. After that 12-month term has passed, a party seeking the court’s help in resolving a property dispute will need special approval. Parties are encouraged to complete their property settlement as soon as possible and to file a court application if the matter is not settled within 12 months of the divorce date.
A relevant article here:
What are the steps to get divorce papers?
Step 1: Meet the eligibility requirements.
You must meet the following criteria in order to obtain a divorce in Australia:
- The marriage must have irreversibly broken down;
- the children must have arrangements in place;
- the parties must have stopped cohabiting for 12 months;
- a person must meet residency and citizenship requirements;
- a person must pay the required filing fee;
- and parties who have been married for less than two years must attend counseling.
Step 2: Make an application for divorce.
A person can either file for divorce on their own (Sole Application) or with their former spouse (Joint Application).
Step 3: File a divorce application (Sole divorce applicants only)
Then, for a sole divorce application, you must sign and serve the divorce application to your former spouse. Your divorce application imposes a 28-day deadline for your ex-spouse to respond.
Step 4: Submitting an Application
Submit the paper to the Federal Circuit Court after paying the filing fee. If filing for a sole divorce, the parties must produce a copy of their marriage certificate as well as documentation that they served the divorce application on their former spouse.
Step 5: The hearing (for sole applications with children under 18)
If a person files a sole divorce application and the marriage has a child under the age of 18, the person must attend the divorce hearing. If this is not the case, they are not required to attend the hearing.
A relevant article here:
The proof of marriage would be a marriage certificate. Notifying government agencies such as Centrelink or Child Support Services, as well as the paperwork of alerting relatives and friends, and settling money, such as closing joint bank accounts and modifying your will, are all instances of how to offer proof of separation.
You’ll need to prove that you’re living separate lifestyles if you’re separated but still share a home. You may have proof that you no longer share a room or cook meals for each other, as well as proof that you are no longer considered a couple in social situations. In this case, you may need statutory declarations from friends and family who can attest that despite living together you and your former partner have in fact separated.
What is the Cost of Filing for Divorce?
The filing fee for a divorce application at the Federal Circuit Court is currently $910. You may be eligible for a cost reduction if you have a concession card or can’t afford to pay the price without financial hardship. If you ask for a fee reduction, the charge will be lowered to $305. To request a fee reduction for divorce, they will need to fill out either a general or a financial hardship application.
A relevant article here:
How we can help.
Often people considering divorce have not attended to the more pressing issues of resolving property and parenting matters. At Mediations Australia, our family lawyers can assist you with your divorce application, as well as resolve any disputes you may have in relation to property or parenting issues. Talk to us today about these things during a free, initial consultation
What Should You Do Now?
At Mediations Australia, we have a team of family lawyers and mediators who can assist you in Canberra, Perth, Adelaide, Melbourne, Sydney, and all other locations in Australia. We also do international family law matters.