Part 2 of Amanda Abeyratne’s divorce series. Amanda answers some common questions about filing an Application for Divorce.
When should I apply for divorce?
You can apply for divorce:
- After you have been separated for at least 12 months; and
- If you have been married for less than 2 years, you must obtain a counselling certificate indicating that the marriage has irretrievably broken down and is irreconcilable. This requirement may be waived in cases involving family violence.
Sole Application vs Joint Application
- A sole application may be appropriate when one party prefers to apply independently, particularly when the parties do not share an amicable relationship.
- A joint application is suitable when both parties mutually agree to apply for divorce together.
Costs
The standard filing fee for a divorce application is $1,100. If you hold a concession card, the filing fee is reduced to $365.
What are the requirements for a divorce application?
In addition to being separated for at least 12 months, the applicant must file an Application for Divorce.
If you have been separated but continue to live under the same roof, you must meet additional requirements to satisfy the Court that the marriage has irretrievably broken down.
Refer to my article https://spfamilylawyers.com.au/resources/articles/divorce-separation-under-the-same-roof/
Once the Application for Divorce and any required supporting affidavits are filed, the other party must be served with the documentation.
Do I need to attend my divorce hearing?
Most divorce hearings are conducted electronically via telephone, and parties are generally not required to attend Court.
- In joint applications, neither party is required to attend Court.
- In sole applications involving children under 18, the applicant must attend the hearing.
What may require you to appear in Court?
You may need to attend the divorce hearing if:
- Either party objects to the hearing proceeding in their absence; or
- A party files a Response to Divorce, opposing the application, or you indicate in your application that you wish to attend.
When will my divorce application be granted?
The Court will grant a divorce if it is satisfied that:
- The parties have been separated for more than 12 months;
- The marriage has irretrievably broken down; and
- In the case of a sole application, the other party has been properly served and the required documents have been filed.
Once the divorce is granted, it becomes final (absolute) one month and one day after the hearing date.
We can assist you with preparing and lodging your entire Application for Divorce. The online process can be complex and difficult to navigate, and we are here to guide you through each step.
