Divorce.com.au

Date of Separation

Separation usually occurs when one of the parties to a marriage decides that the marriage is over, communicates this to the other party and leaves the family home. It is possible to be separated under the same roof in certain circumstances.

File Application in Federal Magistrates Court:

When making an application for a divorce it is necessary to file a number of documents with the Court. This includes an Application for Divorce and the Marriage Certificate. The Court can only deal with the Application for Divorce if the parties meet certain criteria. This is referred to as jurisdictional requirements. For instance if the person making the Application for Divorce (the Applicant) was not born in Australia but was subsequently granted permanent residence and Australian citizenship it will be necessary to file a copy of his/her passport or Citizenship Certificate. When the Application for Divorce is filed the Court will list it in Court for a hearing.

Application served on Respondent Spouse

Once the Application for Divorce is filed a copy of the Application must be given to (served on) the other party. This can be done personally by anyone over the age of eighteen (18) years other than the Applicant. The person serving the document is required to complete an Affidavit of Service. It is also possible to serve documents by post provided that the other party is prepared to sign a document acknowledging receipt of the Application for Divorce. If the other party resides in Australia the documents must be served at least twenty eight (28) days before the hearing date. If the other party resides overseas the documents must be served at least forty two (42) days before the hearing date.

Hearing Date

We will attend Court on the hearing date and represent you at the hearing. It will not be necessary for you to attend Court unless you wish to do so. Provided that the Court is satisfied as to a number of requirements a decree nisi will be pronounced. This is a provisional decree which means that your divorce will usually not become final until after the expiration of one month.

Decree Absolute

The decree nisi usually becomes absolute after one month. Once your divorce becomes final your marriage is dissolved and you are free to remarry if you wish to do so. Upon your divorce becoming final the Court issues a Certificate of Divorce.