The breakdown of a marriage is an extremely trying time for all involved. Couples that remain on amicable terms after separation usually still require some involvement from family lawyers.
In order to file divorce, the following criteria must be met:
- That the Family Court has jurisdiction to deal with the divorce.
- That proper service of the divorce has been affected on the non-applying spouse.
- That there is a valid legal marriage between the parties.
- That the marriage has broken down irretrievably.
- That the identity of the children of the marriage whom are under 18 years of age must be established, the Court must be satisfied with the current arrangements for their care and their proposed future arrangements.
- That the parties have separated, and thereafter lived separately, and apart for at least 12 months.
That the Family Court has jurisdiction to deal with the divorce.
For the Court to have jurisdiction to grant a divorce, either party to the marriage, at the date on which the application was filed at the Court, must be able to demonstrate a connection with Australia.
That proper service of the divorce has been affected on the non-applying spouse.
You will need to provide the Court with an affidavit of service of the person that served the documents on the non-applying spouse, and an affidavit of proof of the non-applying spouses signature or identity.
If you are having difficulty serving your spouse with the divorce application, due to their location, work arrangements, or avoidance of service, we recommend you contact us in order to provide you with further legal advice.
That there is a valid legal marriage between the parties.
The Court will need to be provided with a valid English marriage certificate, or a NAATI accredited sworn translation of the marriage certificate.
In circumstances where you are not able to obtain your marriage certificate, it is still possible to obtain a divorce and we highly recommend you contact us in order to provide you with further legal advice.
That the marriage has broken down irretrievably.
Australia is a no-fault jurisdiction, and the Family Court will not consider the reasons for the irretrievable breakdown of your marriage.
That the identity of the children of the marriage whom are under 18 years of age must be established.
You will be required to provide information to the Family Court as to matters concerning the care, welfare and development of you children. This includes their education, housing and supervision arrangements, financial, and medical affairs.
That the parties have separated, and thereafter lived separately, and apart for at least 12 months.
It is possible to be separated but remain living under the same roof for a period of time. If you separated from your spouse, but remained living together, the Family Court needs to be satisfied that the separation occurred at the date stipulated, and that you had in fact separated. This will often require additional documentation provided to the Family Court.
It is important to note that in an application for divorce where the parties were married for less than 2 years, additional requirements need to be met. In some circumstances, you may be required to attend the Court hearing in respect to your divorce.
At Affinitas Legal, our team of Perth Family Lawyers can provide you with upfront fixed fee costs for your divorce.