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Legal Forums » Divorce Law Discussion Forum » Basic steps to getting a divorce in Australia.
Started Nov 19 2012, 02:15
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Nov 19 2012, 02:15
Basic steps to getting a divorce in Australia.
A. Complete an Application for Divorce
The Application for Divorce Kit includes step-by-step instructions on how to complete the application.
B. Sign
Swear or affirm and sign the Application for Divorce before a lawyer, Justice of the Peace or other person authorized to witness affidavits in your state or territory.
C. Photocopy
Make two photocopies of the completed and signed Application for Divorce and any supporting documents.
D. File
File, by hand or post, at a family law registry:
• the original and two copies of the Application for Divorce, and
• a copy of your marriage certificate.
E. Receive a hearing date and documents
The Court gives you a file number and a time and date for a hearing.
F. Serve papers
If you applied on your own, you must serve a sealed copy of the Application for Divorce and information brochure on your spouse:
• at least 28 days before the hearing if your husband or wife is in Australia
• at least 42 days before the hearing date if your husband or wife is overseas.
More information can be found in the Divorce service forms and kit under the Forms section of this website.
G. Attend the hearing
If there is no child of the marriage aged under 18 years, you are not required to attend the court hearing. This applies for both sole and joint applications.
If you have made a joint application and there is a child of the marriage aged under 18 years, neither you nor your spouse are required to attend the court hearing.
If you have made a sole application and there is a child of the marriage aged under 18 years, you must attend the court hearing unless circumstances prevent you from attending. You may be able to attend by telephone.
H. Outcome of hearing
If your divorce application is successful, the Court will grant a divorce order. The order becomes final one month and one day after it is made, unless it is shortened by order of the Court.
Kista fidder
Contract ID#12357250
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