What is divorce?
Divorce is the dissolution of a marriage. Australia has adopted a no fault system, the only requirement for a divorce is the irretrievable breakdown of the marriage. This is supported by the husband and wife having been separated for 12 months with no likelihood of getting back together.
To apply for a divorce, you or your husband or wife must have been separated for twelve (12) months and fit one of the following:
(1) being an Australian citizen,
(2) live in Australia and,
(3) regard Australia as your permanent home.
If the divorce is not opposed and there are no disputes about the children, we can offer you a quick and simple divorce.
Children and Property
A divorce does not address issues relating to the children or property. These arrangements must be made separately. However, when hearing your application, the court must be satisfied that proper arrangements must be made for the care and welfare of your children. The court will:
(1) want to know where the children are living and how they are spending time with both parents
(2) how they are financially supported ie, agreed child support and what is actually being paid
(3) information about their health and education
The court can reject a divorce application if it is not satisfied that proper arrangements had been made for the children.
Property settlement is the most complicated part of the divorce process.You can apply for property settlement orders anytime after your separation but it must be done within twelve 12 months since the date of your formal divorce.
How long will it take?
After filling the application you will be require to wait 4-6 weeks for a hearing date. Your divorce is then finalised a month after the hearing. However if you are completing a sole application service timeframes also apply (from 28 to 42 days). The process and therefore take approximately three to four months. This is provided there are no problems locating your spouse.
Divorce is a national process. It is the same for all states and terroraries (NSW, QLD, VIC, TAS, ACT, WA & NT) . You can use our service of online divorce not matter where you live in australia