This phase of life isn’t the most easiest to got through but should not be the hardest either. Everybody deals with divorce in a highly different way and no two people are same. If you want to when and how to get a divorce in Tasmania you have come to the right place.
To apply for a divorce in Australiancapital territory, you will need to meet certain eligibility requirements before applying for a divorce. The application for divorce cannot be submitted in a registry of the Australian Family Court or the Federal Circuit Court until the 12-month period of separation has expired. There are a number of options to go for a low cost divorce, as it is a known fact that divorce can burn a hole in your pockets.
Who can apply for divorce?
When getting a divorce in Australian Capital Territory, any party may request a divorce. Who left the marriage, or if the other party does or doesn’t wants to go through a divorce, doesn’t really matter in getting an application filed. Together, both sides may also make a joint application. There must be evidence that the parties have some connection with Australia before the court can hear the request.
When getting a divorce in Australia, either of the spouses must be:
- A citizen of Australia
- Headquartered in Australia–which means Australia was made a permanent home. It doesn’t matter if they live abroad temporarily
- Usually residing in Australia, they lived here twelve months before the request was made. It doesn’t matter they’re only living in Australia temporarily.
How does one apply for divorce?
The applicant must fill out an application for divorce (called’ Form 4′ and accessible from Family Court Registries). This is a kit of’ do – it-yourself.’ A Justice of the Peace or a solicitor must sign and witness it. For filing and sealing, the finished Form 4 and two copies thereof (excellent photocopies are acceptable) must be taken to the Registry.
It is also necessary to file a copy of the marriage certificate. If the original certificate is not available, certified copies in the State or Territory in which the marriage took place are available from the Registrar of Marriages.
A translation should be submitted where the certificate is not in English.
There is a certain amount, which is considered the filing fee, which needs to be paid for the divorce application, although this may be waived where there could be financial hardship and an application for’ Exemption from Payment of Court Fees’ is made. Usually, the filing fee will not have to be paid if the applicant is on a pension. You can go for online filing of a form since the Internet is a way of gaining access to a low cost divorce. This does not mean you will be divorced online only that the forms are readily available and there are websites that put them together as per your requirements.
Understanding joint applications
Parties can now apply for a divorce together. This shift in the law takes divorce a step further from the ancient’ adversary’ strategy and enables couples to dissolve it together, agreeing that their marriage is over. If the parties can agree on dissolution, this can be an significant and helpful step towards reaching agreement on the spectrum of other issues that need to be resolved (children’s residence, assets, etc.).
There are a number of practical advantages to joint apps. The legal formalities of serving the papers are not necessary. Parties may request a shortening of the usual 28-day waiting period between the registration and hearing date. Sometimes, depending on the workload, the tribunal can cut it down to two or three weeks.
A word of caution: both candidates will have to have economic problems to receive a remission of the filing fee. The fee may still have to be paid if one works and the other works on a pension.
We hope if you are applying for a Divorce in Australian Capital Territory, you have smother than otherwise divorce. Hopefully the article helps answer most your questions about divorce.