What is the process of making a divorce application?

We understand that divorce can be a difficult period in your life. However, MJ Legal can make life easier for you by handling your divorce application from the start until your order is granted. This blog will provide you with an understanding about the process of making a divorce application.

Divorce process in Australia

Step 1: Proof of separation and irretrievable breakdown of marriage

First, you must meet the criteria for making a divorce application:

You should be separated from your ex-partner for a minimum of 12 months (separation under one roof is also acceptable); and
The marriage must be irretrievably broken down and there is no resumption of marriage.

Step 2: Decide on the type of divorce application.

Joint divorce: If the parties are agreeable to apply for divorce together.
Sole divorce: If parties are at conflict in applying for a divorce and parties are not in amicable terms with each other.

Step 3: Obtain legal advice and legal representation.

If parties are making a joint divorce application, one lawyer can make the application on behalf of both parties.
If parties are making a sole divorce application, each party needs to be independently represented by a lawyer.

Step 4: Making the divorce application, e-filing the documents with the courts portal and serving the divorce papers on the parties.

The divorce application and the supporting documents must be electronically filed with the Federal Circuit and Family Court of Australia, through the Commonwealth Courts portal.

If parties make a sole divorce application, the divorce application is required be served on the ex-partner of that applying party. This is usually completed by a process server, through email, post or by hand.

Step 5: Attend the court hearing if required (not a mandatory step in the divorce process)

Generally, parties are not required to attend a hearing prior to granting the final divorce order. However, if the judges are not satisfied with the divorce application or if a satisfactory parenting arrangement is not provided for children under 18, parties may be required to attend a hearing.

Step 6: Await court approval of the divorce.

The final divorce order will be uploaded into your file in the Commonwealth Courts portal and parties can download and retain a copy of the divorce order.

Key Takeaways

1. 12 months separation is mandatory prior to making a divorce application.

2. You can opt out for joint or sole divorce application depending on the level of amicability between you and your ex-partner.

3. Divorce applications can be e-lodged with the Commonwealth Courts portal.

4. Property and parenting disputes can be resolved either before or after making your divorce application.

Property and Parenting

We recommend that property and parenting disputes are resolved as early as possible, even before the divorce application is made with the court. You and your ex-partner may have had a peaceful and an amicable separation, however, conflicts often arise at a future date. Therefore, having a formal agreement addressing both your property and parenting issues can be the best option.

You can enter into a property and parenting agreement either before or after making your divorce application. However, if you are planning to seek orders through the court for a property settlement, you must make the application with the court within 12 months of obtaining your final divorce order.

It is always recommended for parties to resolve their parenting and property disputes through mutual agreement to avoid costly and time consuming litigation.

Conclusion

The divorce process may seem quite straight forward, however, it is highly recommended to obtain legal advice from an expert when drafting your legal documents and navigating court processes. Obtaining legal advice can ensure that the application is completed accurately and will help you avoid any complications in the divorce process.