Researches and studies have provided evidence that about one-third of the marriages are said to end due to divorce or separation in Australia. The divorce system is said to follow the no-fault divorce, which was established through the Family Law Act of 1975. In other words, the court doesn’t wish to know about the reason behind the divorce, when the marriage has already broken.
Federal Circuit Court of Australia can conduct the dissolution of marriage under part 4 of the Family Law Act of 1975. Individuals are also free to take help and assistance from divorce lawyers if they are stuck somewhere or do not know how or when to proceed.
Are you eligible to apply for a divorce?
When you have selected to separate from your significant other, you must apply for a divorce. To do so, you need to first regard Australia as your home and wish to live within the nation indefinitely. Otherwise, you have to be an Australian citizen by birth or granted citizenship by the Australian government. You need to prove that you have ordinarily resided in Australia and have been doing so for the past 12-months.
You and your partner need also satisfy the court by stating that both of you have been living independently under the same roof for 12-months, and there is no likelihood that you will resume your married life. Before applying for divorce, you must consult or speak with the best divorce lawyers Perth as they can provide you with some insights regarding divorce. They have helped many couples with their divorce-related matters and will assist you during the time of your divorce.
How to be aware of your legal rights after divorce?
The best way to know about your legal rights and responsibilities right after a divorce is through legal advice. Legal advice will provide you with the information you need, and you must do so before you apply for the divorce. You must contact the divorce lawyers in Perth as they have the power to explain how exactly the law applies to your case. Their services are always available for individuals who detail and legal advice, which are related to family relationship problems.
These lawyers are experts within this particular area of law, and will also fill you up with data related to the family law proceedings. They are well-versed about such matters and have the skills and knowledge to assist you towards the right path.
Ways to apply for a divorce in Australia
There are several steps you need to follow when it comes to applying for a divorce in Australia. To know what these steps are, follow the information below.
When you have your partner has decided to separate, there are two ways you apply for the divorce, such as joint application and sole application. For sole application, you can apply for the divorce all on your own and through the joint application, you can partner can apply for it together. Under sole application, you do not have to attend court if you do not have children. But if you do have a child who is under 18-years of age, you are required to attend the court. For the joint application, there is no need to attend court when you have applied for the divorce together with your partner.
Things you must put under your consideration:
Applying for a divorce is not that simple as it comes with several considerations. If you are married to your significant other for less than 2-years, you need to obtain a counseling certificate. When you and your partner have a child or children, you need to make all the necessary arrangements for them, which includes schooling, housing, provide financial support, and health. For such matters, it will be better if you seek help from professional child custody lawyers Perth as they helped couples who have children. They will tell you about your responsibilities as a parent for the child as well. The name you are currently using is different from the name you obtain after marriage you must file an affidavit and explain the different names.
Filling up the application:
To fill up the application for divorce, you must utilize the Commonwealth Courts Portal and fill out your divorce application online. You need to have access to the visa or MasterCard, scanner, and a printer. If you do not possess a debit/credit card, you can easily yourself a pre-paid credit card from a retail shop at a reasonable price. Apart from that, if you cannot eFile your divorce application or experiencing any other issues, you can take the help of a divorce or a child custody lawyer who will assist on this matter.
You need to pay a fee of $930AUD when you are applying for the divorce. But the fees can be lessened to $310AUD, and for that, you need to check whether you are eligible for the fee reduction or not. If you are eligible for the reduction, you need to provide solid evidence for it. For instance, when you have a healthcare card, you need to make a photocopy of both sides of the card and submitted as evidence. Also, the fees will get reduced when you are filling up the sole application. But to receive a reduction in the fee when filing up a joint application, one of the parties must be eligible for the reduced fee.
Finalizing the divorce:
When your divorce is granted, it will take around a month to get finalized, until and unless a special order is created through the court to reduce that time. The finalization of the divorce will prove that you and your partner have officially and legally separated from each other. You can download the divorce order through the Commonwealth Courts Portal on the next working day after the order is been issued.
Divorce can be pretty stressful for individuals because there are plenty of procedures that steps you need to fulfill. If you do not understand where to begin, you must hire the services of the divorce lawyers for it. They are experts in such areas and have handled plenty of divorce-related cases, no matter how complicated they were.