Getting a divorce is a completely separate legal process to splitting up property or formalising arrangements for children. You may be granted a divorce before property settlement is finalised. A divorce application is made to the family court to finalise the end of a marriage that’s broken down beyond repair with no possibility of reconciliation.

Family lawyers on the Central Coast help inform your rights when making an application for divorce. When applying for a divorce, there are a few steps involved outlined below.

Step 1 – Separation

In Australia, couples must have been separated for at least 12 months before applying for a divorce. If the marriage has lasted less than two years, the parties must attend mediation and receive a certificate from the mediator stating there is no possible reconciliation. However, if there is a history of violence or it is not reasonable to attend mediation, obtaining a certificate becomes exempt.

Step 2 – Application

The application for divorce can be made by a single party or jointly with a former partner. An application for divorce can be downloaded from the Federal Circuit Court of Australia website and must be completed and filed with the Federal Circuit Court Registry. There is a filing fee for the application.

Step 3 – Hearing

Divorce hearings are generally quite brief. Attendance at a divorce hearing is mandatory when:

• The application for divorce has been made; and/or
• Children under 18 years of age are involved.

During the hearing, the registrar may ask questions about the information in the application or about the service of the application, if relevant.  Where young children are involved, the registrar may ask about arrangements for the children, such as which parent they live with, how often they spend time with the other parent and how they are financially supported. 

If there are no children to consider, and the application for divorce was made jointly, the decision can be made to not attend the divorce hearing.

Step 4 – Outcome

De Facto and Same Sex Couples

A de facto relationship includes same sex couples and is defined as a relationship between two people who:

• Are not legally married to each other;
• Have a relationship as a couple living together on a genuine domestic basis; and
• Are not related by family.

Couples who are not legally married do not require a divorce order.

Moving On

Dealing with the breakdown of a relationship is never easy. Divorcing or separating from a spouse can be a stressful and confusing time. Family lawyers on the Central Coast understand the difficulty of the situation and provide the advice, guidance and support needed throughout the divorce application process.

Understanding the Divorce Application

In Australia, the steps couples follow when applying for divorce can take their toll emotionally. Private matters can become public as family lawyers on the Central Coast will need to have all the details to get ensure your best interests are met. There are many layers to a divorce case, especially when there are children involved custody needs to be determined between ex-partners. When emotions run high and patience is at its thinnest, it is important for you to have access to your case and your legal team. Tech-savvy legal firms who use accessible tools like client portals provide this access to their clients. No matter what time of the day, you can log on for full visibility of your case. In a connected world, it makes sense to have full connectivity to the family lawyer representing you during divorce procedures. It can be difficult with busy work and life schedules to arrange meetings in stuffy board rooms. By hosting video conference meetings, both lawyer and client can have productive discussions about the case’s next steps efficiently. Clients can choose how they communicate with their family lawyers in Central Coast communities.