To file for divorce in Australia, you must meet certain eligibility requirements before filing your divorce application. These requirements are outlined and explained in the article Divorce Requirements: Eligibility for Divorce in Australia.
The Application for Divorce form
To file for divorce in Australia, you must complete a divorce application form. This application can be completed online at the Commonwealth Courts Portal. Alternatively, you can download the form from her website for the Commonwealth Circuit and Family Courts of Australia and fill it out manually or fill out the details on the form.
Swearing or affirming the Application for Divorce form
After completing the divorce application, the form must be sworn or certified before an attorney or magistrate. Another method is to subpoena or approve the form before another person authorized to verify your signature on the form.
Who qualifies as an ‘other authorized person’ for witnessing my signature on my divorce application?
The person who qualifies as an “other authorized person” to certify your signature on the divorce application is governed by the laws of the state or territory in which you certify your signature. This is because the relevant affidavits and warranties may vary from state to state or territory. With this in mind, you should check your state or territory laws before choosing an individual to be present to sign the form.
What if I’m overseas at the time when I want the divorce application witnessed?
If you are abroad, your signature on the divorce application will be certified by a notary public, an Australian diplomatic or consular officer, or an Australian Trade Commission official.
Filing the Application for Divorce form and supporting documents
After the divorce application is completed, sworn or notarized, the original signed document and all other relevant documents, along with two copies of each document, must be submitted by mail or in person to the Family Law Registry Office. You must also attach a copy of your Marriage Certificate. If you have been married for less than two years, you must also submit a consultation certificate when you apply for divorce. All these documents are deposited with the family law registry office.
Does my partner need to agree to the divorce?
This application does not require the spouse to consent to the divorce. However, the status of the application differs depending on whether the spouse cooperates with the application. Your application status also depends on whether you can actually find your spouse at the time of your application. Specifically, you can apply alone or with your spouse.
Sole applications and joint applications
If your spouse does not cooperate with your application or if you cannot find a partner, you will have to apply alone. This means that you complete and submit the application as the sole applicant, with your spouse as the respondent. Alternatively, you may file a joint application if your partners agree to the divorce and cooperate in preparing and filing the application. In this case, you and your spouse are joint applicants.
What happens when you file your application?
When you file your application with the Family Law Registry, the court will give you a file number and the date and time of the hearing. If you file a joint application, the court will keep the original and give your spouse a sealed copy. If you file separate applications, you must receive both sealed copies and provide your spouse with one of these copies, along with an information leaflet from the court.
Service requirements to file for divorce
If you are applying with your spouse, you do not need to send the application to your spouse. However, if you are applying as the sole applicant, you must submit your application to your spouse at least 28 days before the hearing if your spouse lives in Australia, or 42 days if you live abroad, must be submitted.
What if I can’t find my spouse to enable service of the application?
Your spouse’s address is required to send the application. However, it may not be possible to determine the spouse’s address or whereabouts. If you cannot find a spouse after exhausting all reasonable steps, you may waive service or apply for an order granting alternative service.
What if it’s hard for me to attend the court hearing in person?
If you find it difficult to attend a court hearing in person, you can request to attend by telephone.
How might I qualify for a reduced filing fee?
Certain evidence must be presented to the court to be eligible for a reduced cost of filing a petition for divorce. Such evidence could be in the form of a particular card you have, for example. B. Health Card or Pensioner Discount Card. This evidence may also show that you are receiving legal aid or receiving youth benefits, Austudy or ABSTUDY. In addition, you may indicate that she is under the age of 18, is in prison, or is legally detained by a public authority.
How much will it cost to file for divorce?
The filing fee for filing a petition for divorce with the Australian Federal Circuit and Family Court (FCFCA) is generally $910. In some circumstances, the application fee may be reduced by $305. Certain types of evidence must be presented to the court to be eligible for reduced filing fees for divorce petitions. This evidence must be provided by you if you apply alone, but it must be provided by you and your spouse if you apply jointly. You can also ask for a reduction in the registration fee due to financial difficulties.
What if the name I’m using now is different from the name I had during or prior to marriage?
If your current name is different from your married name or maiden name, you will need to file an affidavit with the court explaining this difference.
What if there are children of the marriage?
If children are the result of marriage, the court must be informed of the rules regarding children. This information includes information about child care, schooling, health accommodations and arrangements. In addition, the information will include details of contact with each parent and the reasons for limited or no contact with the parent. Another part of the disclosure is parental financial support, along with reasons for not providing parental financial support, if applicable.
Who would be considered a child of the marriage?
Children born of marriage include all children born between you and your partner, and this definition extends to all children born before marriage or after separation. This definition also includes children adopted by you and your spouse, and stepchildren or foster children who were part of your family prior to separation.