How Do I Apply for a Divorce?

How do I apply for a divorce?

If your marriage has broken down, you may be thinking about applying for a divorce.  A divorce order terminates the marriage between two people.

There are two ways that you can apply for a divorce:-

1. A Single Application. If your husband or wife does not agree to sign the Application for Divorce, you can make a single Application and arrange service upon the other person. If you have children under 18 years, you will need to attend a Court date in relation to your matter.
2. A Joint Application. If both parties agree to sign the Application for Divorce, you can apply jointly. You will not need to attend any Court dates.

How long do I need to be separated before applying for a divorce?

Married couples need to be separated for 12 months. Determining the date of separation can sometimes be challenging. Parties may not agree on a date of separation, or one party may dispute the Application for Divorce.

Section 49 of the Family Law Act 1975 provides that separation may have transpired even if the parties continue to reside in the same household. This is often referred to as being “separated under one roof”.

For separation to be established, at least one party must have intended to end the marriage and communicated that intention either directly or indirectly to the other party. If the parties were separated under one roof, there must also be a witness to support the parties' evidence.

There are a number of matters the Court can consider when determining if parties have separated. Some factors the Court can consider are as follows:-

1. Living arrangements;
2. Intimacy;
3. Financial affairs;
4. Support of any children;
5. Communication of the intention to separate.

Suppose you have been married for less than two years. In that case, you are required to file a certificate confirming that you have considered attending upon a marriage counsellor for the purpose of reconciliation ( unless in exceptional circumstances).

 Can I include property and children’s matters in my divorce?

Property – A divorce order does not address property or financial matters. A divorce will only terminate the legal marriage. A property settlement will finalise the financial relationship between you and your former spouse. A property settlement can be complex to navigate, as there are many factors to consider when splitting property. You should speak to a solicitor about a property settlement and discuss your legal rights and interests.

Children – If you have children, you and your former spouse will need to consider the children’s arrangements moving forward. You may need to consider a parenting plan or Orders to help provide a structure for the children’s care arrangements.

It is essential that you ensure that your property and children’s arrangements are finalised. There are strict time limits for making an application for property division. A Solicitor can help guide you through the separation or divorce.

At Grace Family + Collaborative Law, we assist separating couples in creating new beginnings. We are a collaborative law firm that has helped guide thousands of families through amicable separations and on to new chapters in their lives. Call us today to book an initial consultation on 1300 414 855.