Everything to Know About Divorce Law in Australia

Divorce lawyer

A divorce is the official and legal termination of a marriage, and in order to file for one, you must prove that your marriage has irretrievably broken down, and that you've have been living separately for the past twelve months.

According to the divorce law in Canberra, you must first divorce if you want to remarry. Divorce in Australia doesn’t look to find fault with either spouse, and couples are able to proceed with legal proceedings by claiming irreconcilable differences. This way, either partner can file for a divorce. Established by the Family Law Act 1975, the court won’t ask the reason for divorce, which means they are able to start the proceedings immediately.

If you’re applying for divorce, you must first consult a divorce lawyer in Yass. At least one of you must be an Australian citizen, and, as partners you must have been separated for at least twelve months before starting divorce proceedings. If you have been married for less than two years, divorce lawyers in Queanbeyan will ask you to participate in marriage counselling sessions to mediate reconciliation.

To apply for divorce in Australia, divorce lawyers in Yass recommend applying online. You can begin the proceedings by completing the forms and sending them to a Family Law Registry, along with:

  • A photocopy of the marriage certificate, which need not be certified, affirmed or sworn
  • An Application for Divorce affirmed, sworn or signed by a Justice of the Peace, lawyer or a witness. Include the original document with two photocopies
  • Relevant documents such as photocopies of your visa or citizenship

If you’re the sole applicant filing the divorce, you must submit a copy of the application to the former spouse. This must be completed by the applicant by filing and completing an Affidavit of Service in the court. Should the spouse oppose the divorce application, they can file a Response to Divorce. If a couple have no minor children, the Affidavit of Service won't force you to visit court.

If you need guidance on divorce law in Canberra, please contact us at Robinson + McGuinness Family Law.

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