Divorce in Australia

Divorce can be a challenging and stressful time for all parties involved. As specialist family lawyers in Australia, Buckley Lawyers have helped many clients navigate the complexities of divorce proceedings.

What are the requirements for a divorce in Australia?

To apply for a divorce in Australia, the following requirements must be met:

1. The marriage must have irretrievably broken down;
2. The parties must have been separated for at least 12 months;
3. One of the parties must be an Australian citizen, or regard Australia as their permanent home and intend to live in Australia indefinitely; and
4. The application for divorce must be filed with the Federal Circuit Court of Australia

The process for obtaining a divorce in Australia generally involves the following steps:

1. Filing an Application for Divorce with the Federal Circuit Court of Australia.
2. Serving a copy of the application on the other party.
3. Attending the divorce hearing.
4. If the divorce is granted, the divorce order becomes final one month and one day after the hearing.

Divorce is a complex and emotional process, and there are several key considerations that both parties should keep in mind During a divorce, it is important to consider a range of factors, including:

• Property Division: One of the most significant aspects of a divorce is the division of property. In Australia, property is divided based on a four-step process that takes into account the assets and liabilities of both parties, their contributions to the relationship (financial and non-financial), future needs, and any other relevant factors.
• Child Custody: If you have children, it is essential to consider their needs and wellbeing during the divorce process. In Australia, the Family Law Act 1975 governs child custody arrangements, and the court’s primary consideration is the best interests of the child. Parents can work together to create a parenting plan, or the court can make orders that determine custody arrangements.
• Spousal Maintenance: Spousal maintenance is financial support provided by one partner to the other after a separation or divorce. The court will consider factors such as the income and financial resources of each party, their age, health, and earning capacity, as well as their ongoing financial needs.

Obtaining a divorce in Australia can be a complex and emotional process. Buckley Lawyers will guide clients through the legal requirements and provide support during this challenging time.

If you require assistance with a divorce or any other family law matter, please do not hesitate to contact our specialist team