Many clients are unaware of the things they should consider when making a divorce application. The following is our top 10 tips on things you should consider when making a divorce application.
1. Communicate With Your Partner
Remain civil and cooperate with your spouse so that the divorce process is quicker and has less impact on both of you.
2. Have A Plan
Plan ahead. Think about how you will handle conflict from your spouse.
The divorce process can be overwhelming, even when you hire a lawyer to do it. Therefore, it is best if you have a plan.
3. Make Sure You Can Apply For Divorce
You will need to make sure you have the right to make a divorce application in Australia.
Are you or your spouse an Australian citizen?
4. Separate With Your Partner For 12 Months
In most cases, you and your spouse will need to have separated and lived apart for a period of 12 months before making a divorce application.
5. Plan For Your Children
If you have children under the age of 18, make sure you and your spouse have made plans for them.
6. Get Your Documents Ready
Make sure you have all the supporting documents to your divorce application including your Marriage Certificate.
7. Apply at The Right Court
Make sure you file it at the right court that can hear your divorce application.
The Federal Circuit and Family Court of Australia has the jurisdiction or power to deal with dissolution of marriage.
8. Serve Your Divorce Application
Once you have applied for a divorce, make sure you find the right person and right method to serve a copy and other prescribed documents to your spouse.
Once your spouse has received the documents, make sure you understand how you can prove that your spouse received the documents.
9. Attend The Hearing
Make sure you understand whether you have to attend court on the day of hearing for your divorce.
Attendance will depend on whether the application was made solely or jointly.
10. Get A Lawyer
Find yourself a lawyer that has the experience to foresee all the issues in your divorce application so that your children and property matters will not be affected.
