Divorce Laws and Processes in South Australia
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To obtain a divorce, an application to the Federal Magistrates court seeking a divorce order is required. Consent of both parties is not needed to file for a divorce.
The application can be made provided you or your spouse has a sufficient connection to Australia. For instance, you are citizens, have lived in Australia for 12 months prior to filing the application, or consider Australia to be your home and plan to remain living here.
You need to then satisfy the Court that the relationship has irretrievably broken down and you have been separated for at least 12 months and 1 day. You may be separated, but still living in one house. There is no requirement to prove the other party is at fault.
If there are children of the marriage aged less than 18 years, you also need to satisfy the Court that arrangements have been made for them.
If you have been married for less than two years, you need to file a certificate from an approved family counsellor stating that you have considered reconciliation. You can locate a suitable qualified counsellor at www.familyrelationships.gov.au, or by calling 1800 050 321. Also, you can obtain a blank certificate form, to take to the appointment with the counsellor, from http://www.federalcircuitcourt.gov.au or by calling 1300 352 000.
A divorce order is final one month and one day after the divorce is granted. Parties may remarry once a divorce order is granted. A divorce application is independent from parenting arrangements, financial and property settlements. Please note that if you intend to apply to the Court for property settlement, you may do so within 12 months after your divorce. After that time, you need the Court’s permission to apply, which may or may not be granted.
A divorce application can be prepared and filed for you by Liptak Lawyers, quickly and cost effectively. We can also advise you about your legal rights and responsibilities relating to children’s care and contact arrangements as well as your property settlement. Should you reach agreement on division of assets, an application for consent orders in the Family Court or Federal Magistrates Court can be made.