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When granting a divorce the Court does not consider why the marriage ended and the only ground for divorce is that the marriage broke down and there is no reasonable likelihood that the parties will get back together. The Federal Circuit Court of Australia has the jurisdiction or power to deal with dissolution of marriage i.
The granting of a divorce does not determine issues of financial support, property distribution or arrangements for children. It simply recognises that the marriage has ended. Can I apply for a divorce? You can apply for a divorce in Australia if either you or your spouse: regard Australia as your home and intend to live in Australia indefinitely, or are an Australian citizen by birth, descent or by grant of Australian citizenship, or ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.
You need to satisfy the Court that you and your spouse have lived separately and apart for at least 12 months, and there is no reasonable likelihood of resuming married life. It is possible to live together in the same home and still be separated. Applications for Divorce Same-sex couples can not be completed online at this stage.
Please contact the National Enquiry Centre for more information. Seeking legal advice You can obtain legal advice to understand your rights and responsibilities before applying for a divorce or other applications in relation to a divorce. A lawyer can help explain how the law applies to your case. Court staff cannot provide you with legal advice. How do I apply for Divorce? To apply for a divorce you complete the online interactive Application for Divorce and pay the filing fee.
For more information and to start your application see, How do I apply for a Divorce? This means that a court does not consider why the marriage ended. The only grounds for divorce is that the marriage has broken down irretrievably. That is, that there is no reasonable likelihood that you will get back together. You must have been separated for at least 12 months and one day in order to satisfy the Court that the marriage has broken down irretrievably.
If there are children aged under 18, a court can only grant a divorce if it is satisfied that proper arrangements have been made for them.
What will a divorce cost? There is a filing fee for divorce applications. Current fees are available on the fees page. In some cases; for example, if you hold certain government concession cards or you are experiencing financial hardship, you may be eligible for a reduced fee. To be eligible for a reduced fee for a joint application, both you and your spouse must qualify for the same reduction. If only one spouse qualifies for the reduction, then the full fee applies.
More information about fee reductions can be found on the Guidelines for fee exemption, reduction and refund page on this website. The Court does not set the fees payable. Court fees are set by Federal Government Regulations. Can I oppose a divorce application?
If you have been separated for more than 12 months, there are few opportunities to oppose a divorce application. You can only oppose the divorce where: there has not been 12 months separation as alleged in the application, or the Court does not have jurisdiction. If you file a response, you should attend the divorce hearing. If you do not attend, the Court may decide the divorce application in your absence. If it is difficult for you to attend in person, you may ask the Court to appear by telephone.
What if the application has errors of fact? The errors might, for example, be that dates of birth are incorrect or the details regarding the children are no longer correct. You do not need to attend the hearing. When should I file the Response to Divorce?
Get a divorce
When granting a divorce the Court does not consider why the marriage ended and the only ground for divorce is that the marriage broke down and there is no reasonable likelihood that the parties will get back together. The Federal Circuit Court of Australia has the jurisdiction or power to deal with dissolution of marriage i. The granting of a divorce does not determine issues of financial support, property distribution or arrangements for children. It simply recognises that the marriage has ended.
Divorce or Separation
It contains basic information about the husband and wife, and the date and place the marriage ended. You can say that it is a proof the couple is no longer married and can separate their ways. A divorced person may use a certificate as evidence of the divorce for various legal purposes. The divorce certificate template is professional format which you can use to learn about its content and layout. It is further required when someone who once was marriage, is going to marriage again. There are certain other uses of this certificate, for instance; it is also needed for immigration purposes, banking or pension splitting.