Divorce Process In Australia

Pannu Lawyers are Australian Divorce Lawyers and extensively practice in Family
Law. We appear in Federal Circuit Court of Australia and Family Court of Australia on
daily basis. We can also assist you in Child Custody, Spousal Maintenance and
Property Division claims. We are conveniently located at Suite K, 111 Main Street
Blacktown.

Divorce in Australia

Majority of the Divorce applications are finalised at Federal Circuit of Australia. You
must be able to satisfy the Court of the following:

1. Jurisdiction

The Court only has power to grant a divorce if either party meets one of the following:

Regards Australia as home;

Intends to live in Australia indefinitely;
Has lived his or her whole life in Australia;
Is an Australian citizen; or
Ordinarily lives in Australia and has lived in Australia for the 12 months prior to the
making of the application for divorce.

2. Marriage

You must also satisfy the Court that you are married to the other party. This can be
established by producing a copy of the marriage certificate. If your marriage certificate is
not in English, you will be required to organise a translation of your marriage certificate
from the accredited translator. You will also be required to obtain an affidavit from the
translator.

If you do not have a copy of the marriage certificate, the Court may require you to
provide some alternate evidence of the marriage prior to granting divorce. If you are
married for less than 2 years at the time of your Divorce Application, you will be
required to attend the counselling unless you seek an exemption from the Court.

3. Relationship Broken Down Irretrievably 12 Months Separation

You must satisfy the Court that your relationship has broken down irretrievably. Under
the Family Law Act, a separation of 12 months immediately before filing the Divorce
Application satisfies the Court that your relationship has broken down irretrievably.

It is possible for the couple to be separated under one roof, however you must satisfy
the Court that you were not living as Husband and Wife. If you are separated under one
roof, you will be required to file affidavits to demonstrate that you were not living as
Husband and Wife.

4. Arrangement for the Children

The Court may not grant the Divorce unless the Court is satisfied that appropriate
arrangements for any children are in place. The Court must be satisfied there are proper
arrangement for Childrens health, education and well-being.
5. Service of the Divorce Application

After you have filed the Divorce Application, the Court will allocate a hearing date
approximately 11-13 weeks from the date of filing of Divorce Application. A sealed
copy of the Divorce Application must be personally served to the respondent by
someone who is over the age of 16 years, other than the applicant him/herself.

If the respondent is in Australia, the service must be done at least 28 days before
the Divorcehearing. If the respondent is not in Australia, the application must be served
at least 42 days before the date of Divorce hearing. After the service of Divorce
Application, you must obtain an affidavit of service from the person who served the
Divorce Application and file that affidavit of service at the Court before the Divorce
hearing.

6. Cant Serve on the Respondent

You must make every effort to locate your spouse and serve the application for Divorce.
If you cannot locate your spouse, then you will be required to make an application for
substituted service. You will be required to file an affidavit stating what steps you have
taken to serve the application.

If you have a question, want some more information or would just like to speak to
someone regarding your family law matter, call Pannu Lawyers on 02 9920 1787 to
make an appointment.

DISCLAIMER

The information provided in this article does not constitute legal advice. This article only
covers sole application for Divorce. You should seek professional advice from a
qualified lawyer of your choice before filing the divorce application.

http://www.pannulawyers.com.au/divorce-process-australia/
0412718714

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