After 12 months of separation, it is probably time to start considering applying for Divorce. Though you may be unsure of what to do.
When considering Divorce, it is important to understand the grounds for Divorce is irretrievable breakdown of the relationship. This is recognized by evidence of the parties having lived separately and apart for a continuous period of 12 months.
Once this is established there are two ways for you to consider applying for Divorce, either a sole application or a joint application.
A sole application, means only one party of the relationship is applying for the divorce. There is, however, a requirement that the application must be served upon the other party. We accomplish this by the use of a process server and proof must be provided to confirm that the application has been served.
It is also important to note, that if you apply for a sole application and there are children under the age of 18 years, it will be necessary for you to attend the Hearing of the application.
If you or your spouse are amicable, you can apply for a joint application for Divorce. By applying for a joint application, it removes the need to serve the other party with the divorce application. Though, it is important to note that both parties are required to sign the application.
A benefit of a joint application is the Court may determine the Divorce Proceedings in the absence of you being there, provided that it is satisfied that proper arrangements have been made for the care of the children.
Once the application has been filed, hearing dates are available to be chosen, though limited in their selection. (Please note there is a required filing fee to be paid to the Court at the time of filing the application.)
Following the hearing, a Divorce Order takes effect one month and one day after it is made and a Certificate of Divorce is issued to you, and the parties are now free to marry.
How does an Application for Divorce interact with separating the property side of things?
There is a time limit of 12 months after a Divorce becomes absolute, for either party to file applications for property and/or spousal maintenance. Once the time limit of 12 months has come to end then the Court may grant leave to file an application brought outside of that timeframe. However, it is suggested that when considering applying for a divorce it is important to discuss such issues with your lawyer.
What documents do I need in support of my Application for Divorce?
Prior to starting your Application with ask all client to bring with them the following important and necessary documents:-
• Marriage Certificate;
• If you were not born in Australia, then proof of citizenship. Proof of citizenship can be either your passport or certificate of citizenship; and
• Any concession card as this will allow a reduced fee for filing the Application with the Court.
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Other questions you may have and we can assist with upon your appointment.
• Have you been married less than 2 years?
• Have you been separated for the 12-month period but been living under the same roof?
• Unsure of where your ex-partner is now currently residing?
• Not married in Australia?
• Concerns in relation to the other party knowing your whereabouts.
If not already done so, it is important for you to consider if now is the right time for you to look at your property and parenting arrangements.
Divorce is a big step for any person to consider, however here at JS Law we take pride in assisting you with such steps with our expertise and respect.
If you would like to speak with a lawyer in relation to any of the above topics, please do not hesitate to get in contact with our office to set up a free appointment with one of our lawyers.