- November 9, 2021
- Posted by: divorcedonline Seo
- Category: Online Divorce
Did you know that you can apply for a divorce online in Australia? Learn how to file for divorce online in Australia, the processes, and which documents to prepare in this guide!
Filing for a divorce can be a costly and complicated process. But did you know that you can file for an online divorce application in Australia instead? Keep reading to find out if you’re eligible to file an online divorce application in Australia and how you can apply. We’ll walk you through the basic requirements for filing an online divorce!
Who Can Apply For Divorce Online In Australia?
Before you file online divorce applications in Australia, you need to know if you are eligible to apply. You can file for divorce online in Australia if you meet the following requirements:
- You or your spouse were born in Australia, or have become an Australian citizen by descent or grant of citizenship
- You are lawfully present in Australia and intend to keep living there
- You have lived in Australia for at least 12 months
- Your marriage has broken down with no reasonable likelihood of resuming cohabitation, for at least 12 months and a day.
You can apply for a divorce online as a sole party (sole application) or with your spouse (joint application). You can file an online application from either the Family or Federal Magistrates Court. Do note that if you and your spouse have children under 18 years of age in the marriage, you will both be required to attend a court hearing. Once you’ve completed and filed your online divorce application, it needs to be served directly to your spouse.
What If We Tried To Reconcile Or Still Live In The Same House Together?
Australian law recognizes that many couples may live separate lives despite living under the same roof. To fulfill requirements for a divorce application, a party or the couple will need to provide evidence that a bed and/or household duties are no longer shared.
The law also acknowledges that some couples will try to reconcile and save their marriage before finally filing for a divorce. If a separated couple attempted to reconcile and failed to do so over a period of three months, the required 12-month period for separation will be counted from the end of that three-month period.
These are the questions you might have when filing for divorce online:
1. Am I required to serve divorce papers to my spouse?
Yes, if you filed a sole application for divorce. If you filed a sole application, you need to serve the application plus other relevant documents to let them know that you are filing for divorce. However, if you filed a joint application with your spouse, there is no need for either of you to serve papers to each other.
2. What if they refuse to receive the papers or acknowledge the divorce?
If your spouse won’t receive the divorce papers or refuses to acknowledge the divorce, you or another person can still give the papers to them.
However, the person who served the papers should complete a sworn affidavit in front of a solicitor or Justice of the Peace. This is to let the Court know that the papers were served, giving your spouse notice of the divorce application and hearing date.
3. Is there a time limit for serving the divorce application?
Yes. If your spouse is in Australia, you’ll need to serve them at least 28 days before the hearing. If they are out of the country, you’ll need to serve them at least 42 days before the hearing.
Contact Us For Help On Your Divorce Online Application!
Apart from filing and service, there will be hearings that will break down parenting arrangements and property division. Because these have so many legal implications, you will need an experienced divorce lawyer by your side.
Dissolution of marriage is just the beginning. Talk to us to find out more about the next step in your case! We can help you with all of the tax, property, and succession implications in your online divorce. Reach us through our number or chat window on this site, and we’ll start right away to get the best possible outcome for you!