The process and procedures of divorce are governed by the Family Law Act 1975 (Cth), the essential aspects of which are as follows:
No-fault divorce
Australian family law regime does not require the breakdown of the marriage to have been premised on the basis of ‘faults’ or misdemeanour by any of the parties. Mere unhappiness and incompatibility, of themselves, are sufficient basis for any of the parties to initiate divorce proceedings.
Unilaterally possible
It is also not a requirement for both parties to agree to the divorce proceeding. Divorce proceedings could be commenced, carried out and even finalised unilaterally by one of the parties.
Family Court must have jurisdiction
Divorce could only be commenced in Australia if the Australian Family Court has jurisdiction to decide on the divorce application. This requirement is ordinarily met by any of the parties being Australian citizens, permanent resident(s) (information which we could obtain) or having resided in Australia for at least 12 months.
2-year marriage & 1-year separation
2-year marriage and 1-year separation are legislative requirements that are difficult to circumvent. However, it is no impossible and we are able to assist you in circumventing these requirements.
Submission of materials to the court
Once the relevant materials have been prepared, submitted to the court and the relevant application fees paid for, the divorce application would be finalised by the Family Court within 3 to 5 months.
Parenting arrangements and property settlement
Finally, it is necessary to resolve parenting arrangement and property settlement matters to prevent extreme complications going forward.
Please contact us if you require any assistance in divorce proceedings in Australia.
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