If you don't have a Will and unexpectedly die before you're divorced, your ex-partner can inherit your property subject to the rights of any children. Find more information about wills and deceased estates.
Community legal centres give legal advice on a range of topics. Contact them to find out if they can help with your matter. Family Relationship Advice Line gives information about the family law system in Australia. Queensland Law Society can refer you to a specialist private lawyer for advice or representation.
Family Relationship Centres give information, referrals, dispute resolution and advice on parenting after separation. Federal Circuit and Family Court of Australia deals with family law cases. Court forms and information on family court processes are available online. Disclaimer: This page is provided as information only, and is not legal advice.
If you have a legal problem, you should contact us or speak to a lawyer. View our full disclaimer. Main Content Anchor Divorce. Federal Circuit Court Divorce and separation financial checklist Asset stocktake calculator Property and financial agreements and consent orders—what you need to know Separating with debt: a guide to your legal options Australian Government —PDF.
Back to top. Quick Exit. Do not rely on this information as legal advice. We recommend you talk to a lawyer about your situation. This information is correct at the time of writing; however, it may change. Ask Government. Factsheets and resources Credit law toolkit Discrimination toolkit Fined Out Get court smart Kids in care Mortgage stress handbook My ex-partner isn't following the court orders about our children - What can I do? Speaking for myself Subpoena survival guide What to do after a natural disaster Need immigration advice?
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Do you need support for your family law problem? Support for women Do you need support for your family law problem? Support for men Reviews and reports Annual report Order a publication. Divorce factsheet 1 — Applying for a divorce Listen. Before you start: Can I apply for a divorce in Australia? Before you can apply for a divorce in Australia, you must meet certain requirements. Q2 Are you an Australian citizen by grant of Australian citizenship?
Q3 Are you legally in Australia and have lived here for the last 12 months? Getting started To get a divorce, you will need to file an application for divorce.
If you are applying on your own sole application for divorce You are the applicant and your spouse is the respondent. You will need to serve your divorce documents on your spouse. If there is a child of the marriage under 18 years of age, you must attend the divorce hearing. If you and your spouse are applying together joint application for divorce Both you and your spouse are joint applicants.
Both you and your spouse must sign Part G in the presence of an authorised witness eg a Justice of the Peace JP or lawyer. You do not need to sign at the same time or with the same authorised witness. Neither spouse needs to serve the divorce documents on the other. You do not need to attend the divorce hearing unless you choose to. Applying for divorce How do I apply for divorce? To apply for a divorce online you will need: a computer or laptop not a phone or tablet a printer a scanner.
If you are unable to use the online system, contact the Family Court or a lawyer. This will need to be submitted within a certain number of days since the original serving of the divorce papers. At Australian Family Lawyers, we are responsive and accessible. We understand that one size does not fit all when it comes to family matters.
We translate legalese for you, so you can concentrate on your personal health and relationships. Our friendly and supportive team will help you get through this challenging time. Book a free consultation today. If you would prefer an Australian Family Lawyers team member to contact you, complete the form below.
Australian Family Lawyers remain available to assist in more ways. Continue to website. How to get a divorce in Australia if married overseas. How to navigate international divorce law in Australia Going through divorce is often emotionally, and psychologically challenging. For example, if a disagreement over sharing of matrimonial assets occurs, the court takes into account non-financial and financial contribution of each party.
In terms of parenting disagreements, the court focuses on what is in the best interest of the child. You are allowed to revert back to your maiden name before, during and after your divorce. For changing the name of children, both parents have to give consent.
You can apply for divorce online and attend to the documents yourself. If you live in Australia, are a citizen or resident then you can apply for divorce in this country.
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