In 5 simple stages, we outline how to obtain a divorce in Australia.
Step 1: You must provide evidence of Marriage. Often, this is accomplished with a marriage certificate.
If it is in another language, it must be translated into English; nevertheless, if you do not have a marriage certificate, our family law specialists can assist you in obtaining one.
Step 2: Prepare your online application. You can submit your divorce petition online via the comcourts portal, which will walk you through the necessary questions.
Step 3: Apply online. The next step is to lock your application and pay the filing fee.
Step 4: Inform your ex-spouse. Once you have submitted your application, you must notify your ex-spouse of the divorce procedures.
If your ex-spouse agrees to the divorce and is willing to sign the application, you may create and submit a joint divorce petition.
This means that both parties must sign the divorce petition.
If your ex-spouse does not agree to the divorce or is unaware, you must serve them with the divorce petition.
It must be provided to your ex-spouse at least 28 days before the divorce hearing. If they are overseas, you must allow 42 days for delivery.
Step 5: Check to see if you must appear in court. Depending on the circumstances, you may or may not need to attend court.
If the case is a sole application and minor children are involved, you must appear in court. If otherwise, you will not be required to appear in court anymore.