Want to Get a Divorce?

Every divorce is different. It is important to understand that the only requirement for a divorce is the ‘irretrievable breakdown’ of the marriage. This is proved by the husband and wife having been separated for 12 months with no likelihood of getting back together. Your spouse does not have to agree to the separation, however they need to know that you think the marriage is over. The court does not consider whose fault it was that the marriage broke down.

To apply for a divorce you or your spouse must have been separated for 12 months and fit one of the following:
• be an Australian citizen
• live in Australia and regard Australia as your permanent home
• ordinarily live in Australia and have done so for at least 12 months before the divorce application.

What if the marriage took place overseas?
While an overseas marriage cannot actually be registered in Australia, the foreign marriage certificate will nevertheless constitute evidence that this marriage took place. When you file for divorce in these circumstances, you will need to get the overseas marriage certificate translated into English by a registered translator. You will then need to attach both the marriage certificate and its translation to an affidavit, which is a written statement that will be presented as evidence to the Court.

What if you and your spouse have been living together for the separation period?
It is still possible to get a divorce but you need to provide evidence that you are separated. This might include ceasing sexual activity, living in separate rooms, having different bank accounts, cooking your own meals and being open about your split to friends, family and even neighbours.

In the scenario where you are separated from your spouse but you have still been living in the same residence for any part of the prior 12 months, you will need to ask a third person to file an affidavit. The third person’s affidavit will be for the purpose of corroborating or supporting your own affidavit. You will need this third-party affidavit whether you file for divorce as a sole applicant or make a joint application with your partner.

Short marriages
If you have been married for less than 2 years, you and your spouse must go to a counselling session with a family counsellor and file a certificate confirming this with the court. Where there are special circumstances, you may not be required to attend counselling. For example, if there is family violence or if you cannot locate your husband or wife.

If you are seeking for a divorce or if you are going through a separation and want to sort out your finances, Straits Lawyers are now offering online services in both English and Chinese.

Simply purchase our online services via this link: https://straits-lawyers.square.site/product/binding-financial-agreement-consultation-bfa-/5?cs=true
Alternatively, you can email us at info@straitslawyers.com or call at 08 8410 9069 to find out more.

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Please note that this article does not constitute legal advice and Straits Lawyers will not be legally responsible for any actions you take based on this article.