You can apply for a divorce by yourself (known as a sole application) or together with your spouse (known as a joint application). When making a sole application, the spouse making it is known as the applicant. The other spouse is therefore known as the respondent. When a joint application is being made, the husband and wife are known as joint applicants.
Application for a divorce in Australia can be made 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 also 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.
Property and Parenting Arrangements
When separating, you and your spouse need to make important decisions about the future care of any children you may have, and how to divide your property, money and belongings. The granting of a divorce does not decide issues about parenting arrangements for your children or property and maintenance.
Plans to remarry should not be made until the divorce order is finalised (which in most cases is one month and one day after the divorce hearing).
If intending to remarry, the marriage celebrant must be given a Notice of Intended Marriage at least one month before the wedding date, as well as complying with other requirements of the Marriage Act 1961.
As soon as the divorce order is granted, the marriage celebrant may accept the Notice of Intended Marriage. You must show a copy of the divorce order to the marriage celebrant before the wedding can take place
Kavanagh Family Lawyers can help
When applying for Divorce, Kavanagh Family Lawyers can help you understand your legal rights and responsibilities, and will explain how the law applies to your case.
- If we may be of assistance, call Kavanagh Lawyers on (08) 9218 8422.