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Expertise

Divorce Law

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How do I get divorced?

In order to apply for a divorce, you need to establish that you have been living separated from your spouse for at least 12 months and that there is no reasonable likelihood that you and your spouse will reconcile.

It is possible however to be classed as separated from your spouse even though you have lived in the same home for a period of time after the date of separation.

What about if I am not an Australian citizen or if I got married overseas?

You do not have to be an Australian citizen to apply for a divorce in Australia. You can apply for a divorce if:

  • Either you or your spouse regard Australia as your home and intend to live in Australia indefinitely
  • Either you or your spouse has ordinarily lived in Australia for 12 months immediately before filing for divorce.

In addition it doesn’t matter if you were married overseas however you may require a translation of your marriage certificate into English if your marriage certificate is written in a language other than English.

What documents do I need to file?

You will need to file an Application for Divorce and a copy of your Marriage Certificate. The Application will attract a filing fee and depending on your circumstances you may be eligible to pay a reduced filing fee.

You may also need to file an Affidavit to provide the Court with more information if you and your spouse have continued to live in the same home after separating.

Do I need to attend court?

You will normally not be required to attend court unless you have children under the age of 18 or you and your spouse have lived together in the same home for a period of time during your period of separation.

It is also possible to make a joint Application for Divorce with your spouse and in those circumstances neither you nor your spouse will need to attend court.

When does the divorce become effective?

After the filing of your Application for Divorce your matter will be given a hearing date and time. Provided the criteria is met and your Application for Divorce is approved, the divorce will become effective one month from the date of hearing.

Kells can provide you with assistance in completing and filing your application for divorce and attending court on the day of the hearing.

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