We at Chua Tan Associates have compiled this guide for you to help you determine if you are eligible to file for divorce in Australia. Using this reference, you can seamlessly navigate the entire process.
Core requirements for simplification:
You must be married in Australia or overseas.
If you were married overseas and acquired Australian citizenship, permanent residency or regarded Australia as your permanent home, your marriage is eligible to apply for a divorce in Australia.
For marriages certified in a language other than English, we can help with translation to facilitate your divorce filing.
After the 12-month separation period, you can apply for a divorce even if you live in the same home but live independently. You may need to provide evidence such as different room sleeping habits, separate bills to pay and notification of the separation to organisations such as Centrelink.
Couples who have not been married for more than 2 years may need to attend family counselling, often referred to as the "2 year rule". Unless there are urgent reasons, such as remarriage, it is recommended that you wait two years after marriage before filing for divorce.
If you are getting back together after a separation, make sure you have met the 12-month separation requirement. Contact us to determine your exact eligibility date.
Frequently Asked Questions about Divorce in Australia:
If I can't find my spouse, can I still apply? Absolutely! We will walk you through the steps and if your ex-spouse still cannot be found, a divorce can still be granted.
What if my spouse is abroad? Do they need to be informed of the application? The answer is surprisingly yes, as long as they can be reasonably contacted. In difficult circumstances, we may be able to provide a dispatch of documents service by email or through a joint contact.
Can we get a divorce if we have children under the age of 18? Absolutely. The divorce application form includes a section on the child's health, financial support and educational background.
What if you have lost your marriage certificate? For marriages in Australia, we can obtain duplicate copies from the Registrar of Births, Deaths and Marriages. For international marriages, obtaining another duplicate is possible but may take more time.
Is divorce expensive? At Chua Tan Associates, we offer transparent pricing. Court filing fees plus our legal fees.
Starting Your Divorce Journey Once you've passed the 12-month separation milestone, here's what you need:
Your medical/preference card (if any).
Your marriage certificate: the original or a copy from the relevant state registry.
Photo ID: Driving licence or passport is sufficient.
If you have previously dealt with the courts in family matters, please provide copies of those court orders or share specifics.
Procrastination is not an option Filing for divorce can go smoothly if the above guidelines are followed. Once qualified, start the application or contact a Chua Tan Associates family lawyer to resolve any uncertainties. Usually, we will respond within a day.
We are here to support you on your journey.
The family law attorneys at Choi, Ching Wai & Associates can help you navigate the complexities involved in family law and provide the best legal advice you canclick hereStart your divorce petition. If you have any questions, you canContact Usfor initial help and guidance.
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