Divorce Lawyers Crows Nest
Our divorce lawyers at Sydney Family Lawyers have helped thousands of people easily navigate the legal system to obtain their divorce, therefore helping them move forward with their lives. If you are ready to take the next step to formally end your marriage, get in contact with our team.
Divorce – Which Court?
Divorce applications are typically made to the Federal Circuit Court.
Requirements for a valid divorce
- You must be able to satisfy the court that you had a valid marriage. In most cases this is through the provision of a formal marriage certificate written in English.
- If you don’t have a marriage certificate and can’t obtain one, there are other ways to satisfy the Court of the validity of your marriage. You will need to speak to one of our lawyers who can help you gather other evidence to prove this.
‘Irretrievable’ break down
- Australia is a no-fault jurisdiction, so the Court need only be satisfied that the marriage has broken down irretrievably. Neither you nor your spouse has to prove wrong-doing of any sort.
- You must have been separated for a period of at least 12 months before the application is filed. If your marriage is less than two years in length (including the year of separation), you will also be required to attend marriage counselling.
- You may be separated but continue to live under one roof, provided you are not living together as husband and wife.
- If you reconcile during your period of separation for less than 3 months, then both periods before and after the reconciliation can be combined to toward the required 12 month separation period.
What if I wasn’t married in Australia?
This doesn’t matter. As long as you can provide the marriage certificate properly translated, then the Court can grant your divorce if it has jurisdiction.
How do I know if the Court has jurisdiction
The Court can grant a divorce if one (or both) parties meet one of the following requirements:
- Regards Australia as home;
- Has lived their whole life in Australia;
- Intends to live in Australia indefinitely;
- Is an Australian Citizen;
- Ordinarily lives in Australia and has lived in Australia for the 12 months prior to the making of the application for divorce.
What if one of the parties is overseas?
In our experience, this is not usually an issue. We are able to draw on our experience in international family law, and are usually able to serve Court documents via email or post, or do a joint application via email or post.
If one party is overseas and will not accept service, or cannot be found, the Court may need to be satisfied that every attempt has been made to effect service on that party. There are some specific requirements for the Court to be satisfied of this, which our team can help you out with. This will result in additional costs, and it is important that it is done properly.
How can I start my Divorce Process?
If you have been separated from a valid marriage for 12 months or more, please call us on 9633 1088 to arrange a short appointment to get you started. We will handle the matter from start to finish to ensure your divorce is granted in a timely and cost-effective manner.