Contemplating a divorce?
Here are a few things you should know;
- You and your former spouse have to have been separated for at least one year and one day in order to file an Application for Divorce.
- You will need your marriage certificate – the proper one from Births, Deaths & Marriages.
- If you and your former spouse have been living under the same roof during the last 12 months then you may need to provide the Court with an Affidavit.
- If you and your former spouse have minor children together then you may be required to attend Court for the hearing of your Application for Divorce.
We offer a FREE initial consultation for divorce matters.
We can provide assistance to those who wish to make an Application for Divorce in the Federal Circuit Court of Australia.
An Application for Divorce can be filed either solely or jointly and the difference between the two are as follows;
- Joint Application.
This involves both parties signing the Application for Divorce. It is also important to note that if you and your former spouse have children together and a joint Application is filed then neither or you will need to attend Court for the hearing of the Application. If this type of Application is used then it is up to you and your former spouse to negotiate whether you will both contribute to the court filing fee.
- Sole Application.
If your former spouse is unwilling to sign a joint Application for Divorce then you can still proceed with a sole Application. However, it is a requirement of the Court that a sole Application for Divorce be served on the other party through either posting the documents to them and having them sign an Acknowledgment of Service or by engaging a process server to hand deliver the documents. Additionally, if a sole Application is used and there are children under the age of 18 then you will be required to attend the Court for the hearing of the Application.
Contact us today to arrange a FREE appointment with one of our family law solicitors.
Have you and your former spouse sorted out the division of your assets and property settlement? If not, then you only have 12 months to finalise this once your divorce has been granted by the Court. For more information on this process click here.