Divorce is hard on everyone, no matter how much you try to shield your family. Emotions will almost always be high, families become separated and children can be impacted. If you’re going through a divorce and are based in Australia, you may be wondering how long the process will take.
The good news is that there are several ways to get a quick divorce in Australia. In this blog post, we will discuss how to get a quick divorce in Australia so that you can move on with your life as soon as possible.
Divorce Eligibility Requirements
Understanding the eligibility requirements for divorce is the first step in applying for one. In order to save time, money, and stress, you will want to make sure that you are eligible before starting the application process. The requirements for divorce in Australia are as follows:
- If you have been married for more than 2 years and separated from your spouse for at least 12 months
- Your marriage has broken down irretrievably, in layman’s term, this means that there is no way to repair the marriage
- Marriage certificates are required as evidence of your marriage. You must obtain a copy of your marriage certificate from Births, Deaths and Marriages in the state or territory where you were married if you don’t already have one. If you were married abroad, you should get in touch with the appropriate agency there to get a copy of your marriage licence.
Australia’s no-fault divorce system makes it quick and easy for eligible couples to end their marriage. This means that you do not have to assign blame or prove that your spouse is at fault for the divorce. All you need to do is prove that the marriage has broken down irretrievably, which as we mentioned before, simply means that there is no way to repair the marriage.
Quick Divorce: Preparing and Filing Your Application
The key to a smooth and quick divorce process is preparation. This means that you should have all of your paperwork in order and be aware of the different aspects of the divorce process. Most importantly, you and your ex must make a joint application; the rationale behind this is that nobody has to be served with any documents and, even if you have kids, nobody will have to attend court.
Once this has been agreed upon, the following are the next steps:
- Gather all necessary documents, such as a copy of your marriage certificate, translation (applicable in some cases) proof of citizenship, or an affidavit. If you were married abroad and your marriage certificate is not in English, you must get it translated and submit both the certificate and the translator’s affidavit of translation of the marriage certificate. A directory of NAATI-authorised and recognized professionals that provide translating and interpreting services is available from the National Accreditation Authority for Translators and Interpreters Ltd (NAATI). If you are unable to obtain a marriage certificate from abroad, you must submit an affidavit outlining the specifics of the marriage and the reasons why you can’t get hold of a copy certificate.
- Register and apply online at the Commonwealth Courts Portal.
- Scanned PDF files of the documents are needed so you can upload it as an attachment to your application
- Pay the court fee amounting to $990 using a credit card. In some cases you may qualify for a reduced fee of $330. For example, if you have been granted legal aid, receiving youth allowance, AUSTUDY or ABSTUDY payments, holding the following cards issued by the Department of Human Services: health care card, pensioner concession card, Commonwealth seniors health card or any other card issued by the Department Human Services or the Department of Veterans’ Affairs that certifies your entitlement to Commonwealth health concessions, then you will qualify for the reduced court filing fee.
Tips On Completing The Online Application
- Pay close attention to the questionnaire as the information you provide as this will be used to generate the divorce order. The truthfulness and accuracy of the information is crucial to ensuring a quick divorce
- You will need to print out the Application and have both you and your ex sign an affidavit before a JP or solicitor. After scanning your affidavit, upload it to your application
- You’ll then be asked to choose your preferred court date for the hearing. Select the earliest date available and make the payment for the court fee by credit card.
- Filing a joint application excuses you and your ex from attending the court hearing. If your application was properly completed the divorce will be granted and the order should be available after a month and a day from the date of the hearing. You can then log in to the portal and access a copy of the divorce order. You should download this document and keep a copy in a safe place.
In today’s age, a quick divorce is not only possible, but it may be fairly straightforward to obtain. At Arbon Legal Group, we understand that the divorce process can be confusing and stressful, which is why we are here to help. Being represented by a trusted family law firm will ensure that your divorce is handled professionally and efficiently.
Contact us today to see how we can help you start the next chapter of your life.