In Australia, the legal requirements for a divorce are governed by the Family Law Act 1975. The key requirements include:
- Marriage Validity: The marriage must be valid under Australian law. This means it must be recognised as a legal marriage in Australia.
- Separation Period: The couple must have been separated for at least 12 months and one day. This is to prove that the marriage has broken down irretrievably. If there has been a period of reconciliation of less than 3 months during this time, the 12 month period can be maintained, but the time reconciled is not counted.
- Residency: Either spouse must regard Australia as their home and intend to live in Australia indefinitely, or be an Australian citizen by birth, descent or by grant of Australian citizenship, or ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.
- Arrangements for Children: If there are children under 18, the court can only grant a divorce if it is satisfied that proper arrangements have been made for them.
- Application: A divorce application must be filed in the Federal Circuit Court of Australia. This can be done jointly or individually.
- Service of Divorce Papers: If the application is made individually, the divorce papers must be served to the other party.
- Court Hearing: In some cases, a court hearing may be required. This is usually the case if there are children under 18 or if the divorce is contested.
It’s important to note that divorce only ends the marriage. It does not deal with issues such as property division or child custody. These are separate legal processes that may need to be addressed alongside or after the divorce process. It’s recommended to seek legal advice to understand your rights and responsibilities.
You should ensure you receive the best family law advice from a divorce lawyer in Sydney.
If you need advice from a divorce lawyer in Sydney, please don’t hesitate to contact us for a free consultation for 15 minutes on 02 8379 1892 or info@barkerevans.com.au.
