Divorce Requirements in Australia
Most divorcing couples do not understand divorce law. As such, they often get disappointed when the divorce process does not go as they envisioned. Read this excerpt to learn about the conditions you must meet when divorcing your spouse in Australia.
The legality of Your Marriage
Your marriage must be legal under Australian law. Polygamy, bigamy, or marriages between close family are considered illegal in Australia. Your marriage must be solemnised by a registered celebrant. If you had an overseas marriage, your union should be legal in Australia and wherever you held the wedding. Both parties must consent to the marriage process. If you coerced your partner into marriage, your union is considered null and void. The same applies if one of the parties was not of sound mind during the wedding.
Separation Requirement
In Australia, divorcing couples must prove that their relationship is irretrievably broken. To meet this requirement, you must be separated for twelve months. You will need an affidavit if you have been separated but living in the same house. Spouses can get back together for a period not exceeding three months within the twelve-month window. However, the separation months should total to twelve. If you get back together for more than three months, you will have to restart the twelve-month separation period.
Divorce Consent
Both parties must consent to the divorce. If your spouse rejects the divorce through a response to divorce application, you will have to attend a court hearing. Typically, the divorce application will be rejected if you have not separated for twelve months. The court can also dismiss your application if your spouse proves that the court does not have the jurisdiction to conduct the divorce.
Counselling
Couples who have been married for less than two years will need a counselling certificate when making a divorce application. The counsellor should consent that your differences are irreconcilable. If you cannot attend the counselling sessions, you will need the court's permission to apply for a divorce. The court will grant your request if you cannot locate your spouse or if your spouse has a violent history that puts your life at risk.
The Australian family court encourages divorcing parties to settle their divorce through court processes. As such, you will create agreements on how to divide property and raise your kids. If you cannot agree, you will attend a family dispute resolution conference spearheaded by a qualified family law barrister. Your solicitor will move to court if the mediation process is unfruitful.
If you're ready for the divorce process, contact family law solicitors.
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