The Family Law Specialists

Divorce

In Australia, divorce is governed by the Family Law Act 1975. The Act provides that certain requirements must be met to obtain a divorce, and that it must be obtained by the Family Court of Australia or the Federal Circuit Court.

Soden Legal has specialist family lawyers to assist people through the breakdown of relationships and marriages, and the associated difficulties and formalities.

The following requirements must be met in order for a court to effect a divorce.

Marriage Validity

The court must be satisfied that the marriage is valid, this is done by providing a valid marriage certificate

Jurisdiction

The court must be satisfied that it has the jurisdiction to grant a divorce.  This can be done if either party meets one of the following:

  • Regards Australia as home;
  • Intends to live in Australia indefinitely;
  • Has lived their whole life in Australia;
  • Is an Australia citizen.

Irretrievable breakdown

The court must be satisfied that the relationship has broken down irretrievably. A period of 12 months must have passed before an application for divorce has been filed to meet this requirement. A couple may be separated but still live together if the court is satisfied that they are not living together in a domestic relationship.

Arrangements for children

The court must be satisfied that appropriate arrangements have been made for any children to the marriage. These arrangements do not need to be formal, and the divorce may be approved even if there is a current dispute, but the court must be sure that, at the time of the hearing the children are being appropriately cared and provided for.

Divorce process

An application for divorce can be made by one person, or both people of the marriage can submit a joint application.

1.      Sole application: You complete the form individually and then serve a copy of it on your spouse. If there is a child of the marriage under 18 years, then you must attend the hearing.

2.      Joint application: Both you and your spouse are applicants, you do not need to serve the document on the other, you do not need to attend the hearing.

The application must be completed and filed online and must have accompanying documentation where necessary.

If the court grants the application, the divorce becomes final one month and one day after the hearing date.

Speak to one of our specialists today to find out how we can help you.