DIVORCE

 

What is the procedure to get a Divorce

 

An application for a Divorce can be lodged over the internet saving time & money. The usual procedure to get divorced is:

  • If you are eligible (meet the above criteria) then an Application for Divorce can be prepared. 
  • The Application can be by one person, or it may be a joint Application made by both spouses.
  • The Application for Divorce is filed in the Federal Magistrates Court with a copy of the Marriage Certificate.  If the Certificate is not in English then additional documents must be filed. If part of the 12 month period was spent separated under the same roof, then Affidavits regarding this must also be filed. 
  • The Application for Divorce is allocated a Hearing date in the Court.
  • If the Application is not a joint Application, the person applying for the divorce must serve a copy on their spouse and then file an Affidavit of Service (as well as an Acknowledgement of Service if appropriate) in the Court.
  • At the Hearing of the Application for Divorce, the Court will grant a Divorce Order if it is satisfied regarding all of the above grounds for divorce and that the other spouse was served.
  • After the Court has granted a Divorce Order, the Court will make the Divorce Order final, one month and one day after the hearing date.  It is only at that time, one month later, that the Divorce becomes ‘final’ and the Court will post a Certificate of Divorce to each spouse.  You cannot remarry until the Divorce Order is final. It usually takes at least 4 months for a Certificate of Divorce to be issued from when you file an Application. 

 

 

Content By:
Michelle Beatty
MRB LAW

 

See also in the Divorce Section

 

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