The Family Law Act 1975 requires a person to have lived separately and apart from their spouse for a period of 12 months to be eligible to apply for a Divorce. Where parties have lived separately and apart under the one roof for a period of 12 months, additional documentation is required to be filed with the Federal Circuit Court to prove separation for the requisite period. Where there are children under the age of 18 years the applicant is required to attend the Divorce Hearing as the Court needs to be satisfied that there are appropriate arrangements for the children of the marriage unless the Application is a joint Application of the parties.
A Divorce is commenced by filing a Divorce Application with the Federal Circuit Court and payment of the requisite Court fee. Further documents are also required to be completed and filed with the Court once the Application has been served on the spouse to satisfy the Court the spouse has received notification of the Application.
The Divorce process can be confusing given the number of particular documents that are required to be filed with the Federal Circuit Court. Provided the parties have lived separately and apart for the requisite period of 12 months the criteria for a Divorce will have been met. A respondent is, however, at liberty to file a Response to the Application in the event the information in the Divorce Application is incorrect and they wish the error to be rectified.
For any family law and divorce matters, please call us on (03) 5941 1622 or email admin@duffysimon.com.au.
Email: admin@duffysimon.com.au Tel: (03) 5941 1622