In Australia, divorce operates on a no-fault basis. This means that the Court will not consider why your marriage broke down. As long as you or your spouse can meet the courts’ jurisdictional requirements, have been married for more than 2 years, separated for 12 months, and your marriage has irretrievably broken down, you can apply for divorce in Australia. If you have children under 18 years, the Court will also need to be satisfied that proper arrangements have been made for their care.
Applying for a divorce online can be complicated, requiring legal jargon and technical expertise. Added to that, the process can become complex where the following circumstances occur:
- Where you are unable to locate your spouse
- Where your spouse may avoid the service of divorce papers.
- Where the arrangements for any children are inadequate
- Where there is a dispute as to the date of separation
- If you have lived or have personal or financial assets in another county. In such circumstances, you may have a choice of where to divorce. It’s essential to seek urgent legal advice before applying for divorce because your choice of jurisdiction could have significant implications for your property settlement.
We recognise that making an application as a sole or joint applicant for some is time-consuming and challenging. Using our divorce application service, you can take comfort that your divorce application is professionally prepared.
- We will take your instructions and prepare your application for divorce
- Provide your ex-spouse with a draft copy (joint application)
- Arrange a process server to serve your divorce application (sole application)
- Arrange for the “signing” of your Affidavit
- Prepare Affidavits for Separation Under One Roof
- Prepare Affidavit for Short Marriage
- File your application with the Federal Circuit & Family Court of Australia
- Attend Court if you are making a sole application and there are children under 18 years.
- Provide you with your Divorce Order.
Arora Legal offers a range of fixed-fee legal and mediation services. To find out how we can help you, BOOK your free 15-minute consult today or call 07 3180 0129 and speak to our specialist lawyer.