In Australia, a marriage is legal if it is in accordance with the Marriage Act 1961. On 8 December 2017 the Marriage Act was amended to allow for marriage between same-sex partners.

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Under Australian Law, you do not need to prove fault, only that the relationship is “irreconcilable”. Parties who agree, may apply by way of a Joint Application for Divorce however, if the other party does not agree, you can still apply by way of a Sole Application for Divorce. If you intend to apply on your own, you will need to serve the Divorce Application on your ex-partner.

 

There are strict requirements around service and it is important you get this right otherwise the granting of your Divorce may be delayed further.

 

If there are children under the age of 18 years, the court will only grant a divorce if proper arrangements have been made for the welfare of those children. This does not mean that you must have a formal agreement in place, however, evidence must be provided that advises the court on the current living and well-being of the children.

 

Although it is true that you do not need a lawyer to apply for a divorce, there are advantages in doing so.

 

At Sapphire Legal, we know what is required by the Court before it will grant a Divorce.

 

If you only wish to settle property and financial issues and/or child arrangements, you do not need to apply for a Divorce first however once a Divorce order is granted, you have 12 months to apply for property settlement.

 

A Divorce Order, once granted by the Court, will become effective 1 month and 1 day after the Divorce Hearing.

 

At Sapphire Legal, we offer fixed professional fee’s for both Joint and Sole Divorce Applications. For further advice, please contact us.