Going through a divorce is never easy, and it can be challenging to navigate the legal process on your own. In Australia, family law Adelaide specifically governs the legal aspect of divorce. Obtaining a divorce in Australia involves several legal steps that can be complicated and time-consuming. This blog post will provide you with important information about the legal process of divorce in Australia.
Eligibility for Divorce
In Australia, divorce is granted based on No-Fault Divorce. This means that a divorce will only be granted if the marriage has irretrievably broken down and there is no prospect of a reconciliation between the parties. There is a 12-month minimum separation period requirement before a divorce application can be filed. During this time, couples must live apart.
Initiating Divorce Proceedings
To initiate divorce proceedings, an application for divorce must be filed with the Federal Circuit Court of Australia. The court will only grant a divorce if it is satisfied that there are proper arrangements for any children from the marriage. The court can also consider any financial arrangements, including spousal maintenance, and property division arrangements that the parties have agreed to.
Service of Divorce Papers
After the application has been filed, it is then served on the other party. The service of divorce papers can be done either by hand, post or email, or phone. It is essential to ensure that the service of the divorce papers complies with the court’s requirements, as it can lead to delays or dismissal of the application.
Court Hearing and Finalisation of Divorce
If the divorce is uncontested, both parties do not need to attend the court hearing, and the divorce is granted automatically. However, if the divorce is contested, a court hearing will be set. Upon approval of the divorce, a divorce order, also known as a Certificate of Divorce, will be issued. This certificate is proof that the marriage has been legally dissolved.
Divorce can be a complex and difficult process, and it is essential to seek legal advice to ensure that you are well informed of your legal rights and obligations. Family law Adelaide governs the legal aspect of divorce in Australia, and it is necessary to follow the legal process correctly to achieve a successful outcome. Understanding the eligibility requirements for divorce, initiating the divorce proceedings, service of divorce papers and finalisation of the divorce, can help make the process less stressful. Hopefully, this blog post has provided you with valuable insights into the legal process of divorce in Australia.