Divorce is the legal process by which a married couple terminates their marriage. In Australia, the process of divorce is governed by the Family Law Act 1975 (Cth). This act outlines the legal requirements for divorce and the procedures involved in obtaining a divorce.
The legal requirements for divorce in Australia are relatively straightforward. To be eligible for divorce, a couple must have been separated for at least 12 months. They must also be able to demonstrate that there is no reasonable likelihood of reconciliation. Additionally, at least one of the parties must be an Australian citizen, or they must regard Australia as their permanent home.
Once these requirements have been met, the couple can apply for a divorce. This process involves completing an application form and filing it with the Family Court of Australia. The application form requires information about the couple’s marriage, the date of separation, and the arrangements that have been made for any children of the marriage.
After the application has been filed, a copy must be served on the other party. This can be done by post or in person. If the other party does not respond within a certain period of time, the divorce can proceed uncontested. If the other party objects to the divorce, a court hearing may be required.
Assuming the divorce is uncontested, a hearing is not usually required. However, the court may ask for further information if there are any concerns about the arrangements that have been made for children of the marriage. Once all of the necessary information has been provided, the court will grant the divorce.
Other matters to consider
It is worth noting that divorce does not automatically resolve all of the issues that arise from the breakdown of a marriage. For example, the division of property, the payment of spousal maintenance, and the ongoing care of any children of the marriage may need to be resolved separately. However, obtaining a divorce is an important first step in the process of resolving these issues.
In conclusion, the process of divorce in Australia involves meeting certain legal requirements, completing an application form, serving the other party, and attending a court hearing (if necessary). If you are considering separating from your spouse, our experience and knowledgeable lawyers at Leach Legal can guide you through the process and help you achieve the best possible outcome.