Six Steps to Getting a Divorce in Sydney

Fill Out a Divorce Application

If you’re seeking a divorce, then you need to fill out a divorce application. While you can do it on your own, your soon-to-be ex-spouse can fill it out with you, which would be a joint application for divorce. Once you fill out and sign it, your application needs to be signed by a solicitor or Justice of the Peace.

File the Application

After filling out the application, it needs filing with the Family Law Courts. You will also need to file any affidavits that you have, the original and two copies of each one, along with a copy of your marriage certificate with the application.

There is a filing fee that you’ll need to pay when you apply for the divorce. In some cases, you could receive a reduced fee. When you file, the court keeps the original copies of the documents that you give them and stamps the copies and gives them back to you. The date of the hearing will be on the copies.

Serve Your Spouse

You will need to serve your spouse with divorce papers after filing for the divorce. They will need a sealed copy, which means a stamped copy of the divorce papers, a copy of a brochure called “Marriage, Families, and Separation,” and the other copies of documents filed with the court.

The documents, except for a copy of the marriage certificate, can be served through the mail or in person. However, if it was a joint application for divorce, then documents don’t need to be served.  If you don’t want to serve the papers, your family lawyers Sydney can hire a process server for you. 

File Proof of Service

You will need to file the service papers that show someone served the papers to your spouse. It consists of two documents, the Affidavit of Service, signed by the person who served the papers, and the Acknowledgement of Service signed by your spouse.

Attend the Court Hearing

If there aren’t any children under the age of 18 or you’re filing a joint application for divorce, then a hearing isn’t necessary. However, if there are, then you and your spouse must go to a hearing. The hearing allows you to tell the court that you desire a divorce from your spouse and why.

Court Decision

The final step in getting a divorce is getting the Court’s decision about the divorce. While the court grants most divorces, there are some reasons why they don’t grant divorces. However, those reasons are rare.

A divorce becomes final in about four months in Australia if everything goes smoothly, which it usually does. However, if you anticipate problems, you would be wise to hire a solicitor to help you with getting a divorce.