When you are going through a divorce, it helps to have experienced and qualified family law experts to help you navigate the uncertainties. Family lawyers can help you with a vast array of proceedings, including divorce arbitration, ensuring you can move forward with your life. It’s important to appoint a lawyer who specialises in divorce and separation matters. In Australia, the Family Law Act 1975 established the principle of no-fault divorce. This means that the court does not consider which party can be blamed for the marriage ending. As a result, the grounds for divorce are irretrievable breakdown of the relationship, as demonstrated by a 12 month separation period. Below is a closer look at the process.

What are the requirements to get a divorce?

When you are looking to legally end your marriage there are a few things that you need to prove, or do. Even if you have not been with your ex-partner for a number of years you are still legally married and this union affects your responsibilities. For example, if your ex-partner racks up debt, your legal rights may be impacted. Furthermore, you cannot get married again until you have legally divorced your ex-partner. Before a divorce is finalised you need to;

1. Prove that you or the ex-partner is an Australian citizen
2. Prove that you have a legal marriage (a marriage certificate is ample)
3. Be legally separated from your ex-partner for more than 12 months
4. For the last 12 months have lived in Australia

How to go about starting the divorce procedure

Divorce is not a fast process even with the best family divorce lawyer working on your behalf. After your application, it can then take a number of months to complete. The process of filing for a divorce involves;

• First being separated for 12 months - You can divorce when you have been legally separated for a minimum of 12 months. It is possible to live in the same house during this time if neither can afford to move out but you need to still live separately.
• Filling in and submitting the divorce application form - After at least 12 months of separation, you and your lawyer fill in the application for divorce and submit it to the court. If you are the only party applying for divorce you also need to serve the application to your ex-partner. You can also go through divorce arbitration.
• A hearing date for the divorce order - Sometime after that application is filed a date for the hearing will be sent to you. If the court agrees to your application they will grant a divorce order.

Can your ex-partner partner oppose the divorce?

There are only very exceptional situations where a partner might be able to oppose a divorce:

• If you and your ex-partner have not been separated for more than 12 months
• If the court does not have the jurisdiction to grant divorce or if the court is not satisfied with concerns to do with the children’s welfare

The application to oppose is the Response to Divorce. You will need a valid reason for why you do not think the court should grant the divorce. Your family divorce lawyer can help.