Legal Aid: A Blog About Laws And Legal Processes

Insight About Divorce Law In Australia

16 August 2021

Renee Bates

Do you wish to divorce your Australian spouse? Well, there are a set of laws that guide the divorce process in Australia. Knowing these laws will ensure peace of mind as you dissolve your marriage. The article below details divorce law in Australia.

Eligibility for Divorce

A divorce applicant must prove that the marriage is irretrievably broken and that they have been from their spouse for at least twelve months. Their union should be recognised and legal in Australia. Therefore, you cannot seek a divorce if you are married to a family member or are in a polygamous relationship. 

Filing for Divorce

Most divorce applications are filed online. Typically, you can make a joint or individual application. If you make a joint application (meaning both parties consent to the divorce), your marriage will be instantly dissolved. For sole applications, you will have to serve divorce papers to your spouse. It is worth noting that you will be required to attend a court hearing if your children are below 18 years old. 

Process Serving

As an applicant, you are not allowed to serve the divorce papers to the respondent. You are required to send a third party above 18 years to deliver the documents. If your spouse does not sign the divorce documents, they will be asked to explain why they do not consent to the divorce. The only reason that the court could reject your divorce application is if you do not meet the separation requirement or if your marriage is not legal in the country. Some spouses could go into hiding as a way to frustrate the divorce process. If this is your case, the court will allow you to use alternative means to serve the divorce papers. If the respondent shows no interest in signing the documents, the court will grant you a divorce in their absence. 

Dissolving the Marriage

Marriage dissolution has two vital components; dividing property and allocating parental responsibility. Ideally, the parents are required to create a parenting agreement that explains how they will provide for the kids and cater to their emotional and social needs. However, one of the parents could file for sole custody if they believe the other party will endanger the kids' lives. 

Couples with prenuptial or postnuptial agreements easily share property since the contracts detail how they will divide their marital property. However, if you do not have such a contract, you should decide properties to include in the property settlement contract, how you will share debts and whether one of the parties is entitled to alimony. 

An experienced family lawyer will help you with the legalities of dissolving your marriage. Typically, they will serve the divorce documents, negotiate your interests and represent you in court if need be. 

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