Have this simple guide to handle divorce in your area. Also a legal representative is a big help to give you legal advice as well as when settling all your concerns with regards to legal processing.
2. is a family law matters that include,
property settlement after marriage,
divorce, de facto relationship,
spouse maintenance, and issues
relating to parenting arrangements
after separation of couple. The
courts that implement the
jurisdiction under Family Law Act
are the Family Court of Australia
and the Federal Circuit Court of
Australia
FAMILY LAW ACT
1975
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3. THENORTONLAWGROUP
credit: familycourt.gov.au
FEDERAL CIRCUIT COURT OF
AUSTRALIA
has the power and jurisdiction to deal with dissolution of
marriage (divorce). Granting of divorces does not
determine issues such as, property distribution or
arrangement for children and financial support. It simply
acknowledges that the couple’s marriage has officially
ended.
4. 2 STEPS TO
GUIDE YOU FOR
APPLYING A
DIVORCE
Can I apply for a divorce?
How do I apply for Divorce?
5. CAN I APPLY FOR A
DIVORCE?
• regard Australia as your home and
intend to live in Australia indefinitely, or
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YES, AS LONG AS
• are an Australian citizen by birth,
descent or by grant of Australian
citizenship, or
• you ordinarily live in Australia and
have done so for 12 months immediately
before filing for divorce.
Also, you to prove to the family court Sydney that you and your spouse have lived
separately and apart for at least 12 months. At the same time, there is no reasonable
likelihood of getting back together.
6. If you both are applying for a
divorce, it is considered as joint
application. You and your
spouse are joint applicants.
However, if you are just applying
a divorce yourself – you are
consider as sole applicant and
your spouse is the respondent.
HOW DO I APPLY
FOR DIVORCE?
SECTION FOUR
7. TO BE ELIGIBLE TO FILE A DIVORCE
APPLICATION IN AUSTRALIA, YOU OR YOUR
SPOUSE SHOULD BE:
• Regard Australia as your home and intend to live indefinitely in Australia - lawfully
present in Australia and intend to continue living in Australia.
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• Are an Australian citizen by birth or descent - born in Australia or outside Australia
and at least one parent was an Australian citizen, your birth was registered in Australia.
• Are an Australian citizen by grant of an Australian Citizenship.
• Live in Australia and have done so for 12 months immediately before filing for divorce -
have lived continually in Australia for a period of 12 months immediately prior to filing
for divorce, not including overseas holidays or business trips.
credit: familycourt.gov.au
8. YOU AND YOUR
SPOUSE SHOULD AT
LEAST ANSWER ONE OF
THE FOLLOWING:
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9. Do you or the other party
meet one of these
requirements?
Yes No
10. Have you been separated
for at least 12 months and 1
day?
Yes No
12. Has your marriage broken
down and there is no
reasonable likelihood that
you will get back together?
Yes No
13. An accredited family law
specialist can help explain
to you how the law applies
to your case. He/She will
guide you to understand
your rights and
responsibilities before
applying for a divorce and
applications relating to
divorce.
SEEKING LEGAL
ADVICE?
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