Key Requirements For Divorce In Australia

Divorce, in simple and plain words, is a legal action between married people to end their marriage. The law which determines how divorce can take place legally is known as divorce law.

In Australia, Federal Circuit Court of Australia holds the power to deal with the divorce under Part VI of the Family Law Act 1975, also known as FLA by legal practitioners. Separation of married people (Divorce) is a huge step for any individual, in Australia, there is the principle of no-fault divorce Law meaning the Court won’t consider why the marriage ended and the only ground is that marriage won’t last anymore and likelihood that both parties will no longer get back together. Granting of divorce is just separating married people and does not determine other factors such as arrangements of children, property, and other financial matters. 

What are the key requirements for divorce in Australia?

Grounds or requirements for applying divorce involves some key elements such as regarding Australia as your home and intend to live indefinitely, or Australian citizen by birth, descent or by grant of Australian citizen ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.

You need to satisfy the Court that you and your spouse have lived separately and apart for at least 12 months, and there is no reasonable likelihood of resuming married life. It is possible to live together in the same home and still be separated. Taking these into consideration one must decide whether they meet the requirements or not, how long they are separated for (at least 12 months and 1 day) holds a valid marriage certificate, no reasonable likelihood that married people will get back together.

If all of above criteria is meet one must go through an important piece of information regarding taking legal advice, whether or not marriage is under 2 years, separated and living under the same roof, children, attendance of court, can`t locate spouse, service, and change of name from married or maiden.

Divorce law can be complicated especially in stressful times but the right advice can do a world of good for you. Family Law firms in Gold Coast offers best advice and legal consultancy. One of the premier law firms on the Gold Coast is New Way Lawyers Family Law Firm which have dedicated team of professional and volunteers who are eager to help you and your family through the stressful time.

We at New Way Lawyers offers best consultancy at very nominal fees as we are aware that separation is a pain and moreover we are Australia’s first nonprofit firm. Money is not motivating factor for us as there is no shareholders and profit sharing in our organisation.

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