In Australia, you don’t necessarily need a lawyer to get divorced. In fact, many people apply for a divorce without using a lawyer, especially when the divorce is fairly straightforward. However, it’s important to note that a divorce does not sort out issues relating to children or property.
Division of property must be completed within 12 months of the date of the divorce order. If you cannot resolve or foresee not being able to resolve disputes about shared assets or arrangements for children, getting legal advice from the team at Melbourne Law Studio before embarking on a divorce is essential.
How to Get a Divorce in Australia
To get a divorce in Victoria without a lawyer, you must fill out and file an application for divorce form. These forms can be obtained online from the Federal Circuit and Family Court website. You can file as a sole applicant, or with your spouse as joint applicants. When a divorce order is made final, you can remarry.
Since 1975, the Australian divorce process has worked under a no-fault principle. This means the only requirement for a divorce is the ‘irretrievable breakdown’ of the marriage. This is proved by being separated for 12 months with no likelihood of getting back together.
The Australian Divorce Process
If you are a sole applicant, you must arrange for the other person to be ‘served’ with the divorce application. This involves giving your ex-partner the divorce paperwork, usually by mail.
Allow several months from the time you file to the actual date of divorce in case there are delays or problems with your application. At the hearing, the court will grant a divorce order. Your divorce will become final one month and one day after the hearing and the court will issue a divorce certificate.
Seeking Legal Advice for Disputes
Getting a lawyer is essential if there are disputes about dividing assets or determining parenting arrangements. A lawyer can help resolve issues using family dispute resolution or guide you through the process of going to court while ensuring you know your rights and entitlements.
Contact Our Melbourne Divorce Lawyers for Advice
Do you have more questions about how to get a divorce in Australia? Our team of Melbourne divorce lawyers can help. Book your free 15-minute consultation today with Melbourne Law Studio to find out more. Call us on 03 9021 1421 or contact us online.