Getting divorced in Australia is a relatively straight forward process. You can make your own divorce application in the Federal Circuit Court of Australia. For some, dealing with the paperwork can be confusing and cumbersome. For others, their affairs are complicated and require legal assistance. Whichever way – we’re here to help.
In Australia, divorce operates on a no-fault basis. This means that the Court will not take into account the reasons why your marriage broke down.
There is only one ground for divorce. That is, there has been an irretrievable breakdown of the marriage. You must have been married for at least two years and separated for 12 months or more.
The majority of divorce applications, progress without difficulty, but there are occasions when legal assistance is necessary. We recommend that legal advice is sought in the following circumstances:
- Where you are unable to locate your spouse
- Where your spouse may avoid 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, 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 filing an application for divorce because your choice of jurisdiction could have significant implications for your property settlement.
In most instances, we can offer you a fixed fee divorce. To qualify for our fixed fee service, the following criteria applies:
- You have been married for 2 years or more.
- You can provide a marriage certificate in English.
- You have separated from your spouse.
- You and your spouse consent to the divorce.
- You have lived separately and apart for at least 12 months.
- Proper arrangements have been made for all children under age 18.
- You and your spouse are Australian citizens, permanent residents and consider Australia to be your permanent residence.
- You and your spouse have an Australian address.
If you are unable to satisfy the above – don’t worry, we can still help.
To find out more, call or book for your free 15-minute consultation without obligation.