If you’re seeking a divorce, understanding which divorce documents Australia requires is crucial to beginning the process. In this straightforward guide, our divorce lawyers Sydney will take you through each necessary document, from your marriage certificate to court forms and beyond, simplifying the path through the Federal Circuit Court and Family Court requirements.
Divorce eligibility
To be able to apply for a divorce in Australia there are certain eligibility requirements that must be met. You must either be an Australian citizen, a legal resident for the past 12 months, or regard Australia as your home indefinitely. For those who have been married for less than two years, you may be required to provide proof of having attended counselling proving your attempts to reconcile your disputes. Finally, before a divorce application can be filed, a couple must have been separated for 12 months and one day to signify the irretrievable breakdown of the relationship.
Do I need a lawyer to fill out my divorce documents?
While you can technically complete the divorce application yourself, a lawyer isn’t just there for paperwork. They can be a valuable asset throughout the process.
Think of a lawyer as your support throughout the entire separation and divorce process. They can help you understand the complexities of your situation, protect your rights, and ensure everything is done correctly. They’ll be there to answer your questions and offer advice during a potentially stressful time.
Frequently Asked Questions
What if I can’t find my marriage certificate?
If your marriage occurred within Australia, you can obtain a copy of your marriage certificate from the relevant state or territory Births, Deaths and Marriages (BDM) registry.
For marriages overseas, you’ll need a certificate from the issuing foreign authority or if that’s unavailable, an affidavit explaining the situation can be an alternative.
Can I apply for a divorce if my spouse and I still live together?
Yes, you can still apply for a divorce even if you and your spouse still live together, but you will need to provide affidavits to prove the separation.
Can I get divorced in Australia if I was married overseas?
Even if your marriage ceremony took place overseas, you can still obtain a divorce in Australia. The marriage must be recognised as valid in Australia. This generally applies to most legal marriages conducted abroad. You and your spouse must meet the eligibility criteria for an Australian divorce application. This includes being an Australian citizen, a permanent resident for at least 12 months, or intending to reside in Australia permanently.
Fulfilling these conditions allows you to proceed with the standard Australian divorce application process as outlined previously.
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