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how to divorce

Contact Armstrong Legal:
Sydney: (02) 9261 4555
Melbourne: (03) 9620 2777
Brisbane: (07) 3229 4448
Canberra: (02) 6288 1100

Kerry White

Divorce is the legal process under Australian Family Law for bringing an end to a marriage. It does not deal with arrangements for children or the division of property.

In order to grant a divorce, the Federal Circuit Court (Federal Magistrates Court) of Australia or the Family Court of Australia is required to find the following:

  1. That the parties are validly married, evidenced by the Marriage Certificate;
  2. That there has been an irretrievable breakdown in the marriage which is evidenced by 12 months of separation. This is sworn as part of the Application form for Divorce. However, it may require corroborating information, particularly if the parties have been separated under one roof.
  3. That the Court has jurisdiction to grant the divorce by finding that one or both of the parties are either:
    • a. A citizen of Australia;
    • b. Are a legal resident of Australia;
    • c. Are domiciled in Australia by having lived here for the 12 months prior to the filing of the Application, or consider Australia home. This is, again, sworn as part of the Application for Divorce.
  4. That the Application has been properly served or the Court is otherwise satisfied that the other party is aware of the Application and the date on which it is to proceed. This usually requires an Affidavit from the person who served the application or acknowledgement from the person who received it.
  5. That there are satisfactory arrangements in place for any children of the marriage or that appropriate steps are being taken to put such arrangements in place for example, that there are proceedings pending before the Court to determine the parenting arrangements. This is also usually contained in the Application for Divorce.

An Application for Divorce must be completed, sworn and filed with the Federal Magistrates Court. The Divorce Application is usually given a Hearing date approximately two months after the date of filing. The Application must be served upon the other party at least 28 days before it is to be heard or 42 days if the other party is overseas.

Upon the Court becoming satisfied of the points set out above, it will grant an order for Divorce. That order does not take immediate effect, but becomes final one month after the order is made.

The Court will then send out a Certificate of Divorce.

If you would like us to assist you in obtaining a divorce, please do not hesitate to contact us, or send us an email by clicking the appropriate button on the right hand side of this page at the top or bottom.

where to next?

Taking the next step and contacting a family lawyer can be scary. Our lawyers will make you feel comfortable so you can talk about your situation. But first, ask yourself, Do I really need a lawyer?

Why Choose Armstrong Legal?

Contact Armstrong Legal:
Sydney: (02) 9261 4555
Melbourne: (03) 9620 2777
Brisbane: (07) 3229 4448
Canberra: (02) 6288 1100

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