In Australia, you must satisfy the threshold provided under Part VI of the Family Law Act 1975 to file
an Application for Divorce in the Federal Circuit and Family Court of Australia.
That being, that:
– The marriage has irretrievably broken down and that the court is satisfied that there is no
reasonable likelihood of cohabitation; and
– That you have been separated for a minimum of 12 months.
An Application for Divorce can be filed at any time following the relevant 12-month time limit.
What if we were separated, but still living under the same roof?
If you were separated and living apart under the same roof, an affidavit must be provided in support of the Application providing details of the living situation and evidence as to how the parties had separated (i.e living in separate rooms, separating finances, etc.).
A supporting affidavit should also be provided from a friend or family member who was aware of your separation and living situation.
If the Court is not satisfied that you have been separated for 12 months, they may withdraw your Application for Divorce.
How to file an Application for Divorce
An Application for Divorce can be filed:
– Solely; or
– Jointly with your husband/wife.
If a Sole Application is filed, the sealed copy (stamped by the court), must be personally served upon your husband/wife at least 28 days prior to the court event, or to their lawyers if represented.
If a Joint Application is filed, an Affidavit of eFIling must be signed by both parties and filed with the court.
An Application for Divorce requires your Marriage Certificate and details of any other orders made in relation to property or children matters and a filing fee is applicable.
Responding/Objecting to a Divorce
The only grounds to file a Response to a Divorce Application are:
– That you have not been separated for at least 12 months; and
– That the Federal Circuit and Family Court of Australia does not have jurisdiction to grant a divorce (i.e married overseas, etc.).
Once an Order for Divorce is granted by the Federal Circuit and Family Court of Australia, parties have 12 months (exceptions may apply) to bring an Application for Property Orders to court. Prior to filing for Divorce, parties should obtain legal advice from a family lawyer as to what relevant time limits should be considered.
During these times, you need a competent and experienced family law lawyers who understands what you are going through, thinks carefully and proactively on your behalf and knows how to represent you for the best possible outcome.
If you want to understand your rights, contact Salerno Law and discover why we are Gold Coast’s best family lawyers.
Tyrone Boucher – Salerno Law