We have put together a basic guide to key things to know when considering a divorce in Australia or separation.
1. Understanding Divorce in Australia
- No-Fault Divorce: Australia operates on a “no-fault” divorce system, meaning that the only ground for divorced in Australia is the irretrievable breakdown of the marriage, demonstrated by 12 months of separation.
- Eligibility: You or your spouse must be an Australian citizen, resident, or regard Australia as your permanent home to apply for a divorce.
2. Legal Requirements
- Separation Period: Couples must be separated for at least 12 months before applying for a divorce. You can still live under the same roof during this period, but you’ll need to prove separation.
- Marriage Certificate You’ll need to provide a copy of your marriage certificate. If it’s in a language other than English, it must be translated by an accredited translator.
3. The Divorce Process
- Filing for Divorce:
- Sole Application: One spouse applies for the divorce.
- Joint Application: Both spouses apply together.
- Filing Online: The divorced in Australia application is typically filed online via the Commonwealth Courts Portal.
- Fees: A filing fee applies, but fee reductions are available for those with financial hardship or government concession cards.
4. Legal Support
- Legal Aid: Legal Aid commissions in each state and territory offer assistance for those who qualify.
- Community Legal Centres: Free legal advice is available at various community legal centres.
- Private Lawyers: Consider hiring a family lawyer if your case is complex, especially with matters involving children, property, or spousal maintenance
5. Financial and Property Settlements
- Property Division: Property must be divided fairly, though not necessarily equally. Agreements can be formalized through consent orders or binding financial agreements.
- Spousal Maintenance: In certain circumstances, one spouse may be required to support the other financially after separation.
6. Children and Parenting Arrangements
- Parenting Plans: These are informal agreements between parents about the care of their children.
- Consent Orders: These are legally binding agreements approved by the court.
- Family Dispute Resolution (FDR): Required before applying to court for parenting orders, unless exempted. FDR services are offered by various providers, including Relationships Australia.
7. Emotional and Practical Support
- Counseling Services: Various organisations offer counseling to help individuals and families cope with the emotional aspects of divorce.
- Support Groups: Groups like Relationships Australia and Lifeline provide support services.
- Financial Counseling: Services like the National Debt Helpline offer free financial advice for those struggling post-separation.
8. Domestic Violence Resources
- Immediate Help: Contact 000 if you’re in danger.
- Support Services: Services like 1800RESPECT offer counseling and support for those experiencing domestic violence.
- Legal Protections: Apply for an Apprehended Domestic Violence Order (ADVO) if necessary.
9. Post-Divorce Considerations
- Updating Legal Documents: Update your will, power of attorney, and other legal documents.
- Name Change: You may wish to revert to your maiden name or a previous name. This can be done via the Registry of Births, Deaths, and Marriages.
- Financial Planning: get help and information on managing your financial independence from experts. One useful resource that offers free and independent advice is Good Shepherd Australia
10. Useful Resources
- Family Court of Australia: Family Court Website
- Federal Circuit and Family Court of Australia: Court Portal
- Legal Aid: Legal Aid Directory
- Relationships Australia: Relationships Australia
- Information & help on domestic violence, and co-ercive control 1800RESPECT: 1800RESPECT
