Under Part VI of the Family Law Act 1975, Australia’s Federal Circuit Court has jurisdiction to deal with marriage dissolution (divorce). The only time spouses can apply for divorce is when the marriage is broken down and there is no reasonable likelihood of coming back together. When you submit an application for easy divorce in Australia, you need to prove to the court that you and your spouse have been separated for more than 12 months apart from the possibility marriage never resuming. You and your spouse, however, can live in the same house and still be separated.
A joint divorce application is when the spouses file a divorce application together and both are joint applicants in the case. However, if only one spouse files a divorce application, it is known as a single application and you become the sole applicant and the respondent is your spouse.
You can either get an attorney to file a divorce application for you or you can do it on your own. You can use any of the online divorce sites to prepare an application for divorce on your own.
To be eligible to file for a divorce settlement in Australia, you must have proof of the following:
- Australia is your home, and you’re going to continue living in Australia
- By birth or descent (i.e. one of your parents was born in Australia) you are a citizen of Australia.
- That you are living in Australia and have been living in Australia for 12 months immediately prior to filing for a divorce application.
- You have marriage proof, i.e. certificate of marriage.
- For more than 12 months, you and your spouse have been separated.
- Your marriage has broken down and there is no chance to come back with your spouse.
You can register with any of the Commonwealth Courts Portal and e-file (electronic file), complete the online interactive divorce application and pay the filing fee if you plan to prepare a divorce by yourself using the online divorce sites.
Once you meet the above criteria, you are eligible to submit a divorce application and prepare for a cheap divorce in Australia.
It is also recommended that you seek legal advice before filling a divorce application because your lawyer would help you be informed about your rights and responsibilities on how the law would apply in your case.