A divorce settlement is the process of separating your financial affairs from your spouse on a final basis, in a legally binding way. A Divorce Application is the process of legally ending the marriage.

In Australia, you have until 12 months from the date of your divorce to finalise your property settlement. Simple Separation recommends you deal with your property settlement first before getting a divorce.

If you and your partner can be civil, a Joint divorce application is recommended. The process involves the preparation of your Application for Divorce, ready for both parties of the marriage to sign. The team at Simple Separation work hard to ensure all the necessary questions are correctly answered. The divorce application with relevant documents are then lodged in Court, on your behalf.

If you and your partner are not able to cooperate well enough to file a joint divorce application, a SOLE divorce application is made. The process involves the preparation of your Application for Divorce, ready for the applicant to sign. The divorce application with relevant documents are then lodged in Court, on your behalf. Depending on your circumstances, a sole divorce application may require the need for Simple Separation to arrange a third party to serve the application on your former spouse.

You do not need to formally serve your spouse with your divorce application and you don’t need to attend the court hearing, even if there are children of the marriage under 18.

A sole divorce Application is a good option if your spouse does not agree to the divorce or refuses to cooperate with signing a Joint divorce application. Just as you don’t need two people to agree to end a relationship, you do not need your spouse’s agreement or consent to apply for a divorce. What it does mean, however, is that you will need to apply as a sole applicant.

If you have made a sole divorce application, and if there are children of the marriage or children from a prior relationship that reside with one of the parties and remain under the age of 18 years, you will need to attend court. At Simple Separation, our solicitor will attend the divorce hearing on your behalf.

In order to apply for a divorce, you will need to prove to the court you were legally married. If you can’t find your certificate, you should make an application to your local Births, Deaths and Marriages office to obtain another copy.

In order to apply for a divorce in Australia, you must first be separated for at least 12 months and one day.

In addition, one of the parties must meet at least one of the following conditions;

You must regards Australia as your home and intend to live indefinitely in Australia

You must be an Australian citizen by birth or descent

You must be an Australian citizen by grant of citizenship

You must live in Australia and have done so for at least 12 months immediately prior to applying for divorce (not including overseas travel for holidays or business trips)

Yes. However you must satisfy one of these conditions;

You must regards Australia as your home and intend to live indefinitely in Australia

You must be an Australian citizen by birth or descent

You must be an Australian citizen by grant of citizenship

You must live in Australia and have done so for at least 12 months immediately prior to applying for divorce (not including overseas travel for holidays or business trips)

There is no requirement to be divorced in order to revert back to your maiden name.

Once you are divorced, the effect on your will depends on which state or territory you live in. In some cases, a divorce will automatically invalidate your will. In others, the divorce simply revokes your spouse as your executor or any benefit your Will left them. However this does not occur if a court application is made and the courts believe you intended to leave your former spouse a gift. In order to avoid confusion and make sure that your correct and current wishes are properly recorded, we suggest making a new Will after your divorce and obtaining legal advice.

Separation under the one roof occurs where spouses separate but continue to live in the same home. You can still apply for a divorce, however you will need to provide extra information in an affidavit to support your application. It is generally a good idea to ask a friend to write one of the affidavits. In your affidavit, you need to demonstrate that your life with your spouse changed one either of you communicated the marriage was over. At Simple Separation, we will guide you on writing an affidavit to ensure they are accepted by the court.

If you wish to apply for a divorce and you have been married for less than 2 years, you must either:

Attend a counselling session and provide a certificate to confirm you and your partner explored the possibility of reconciling the marriage.

Permission from the court (completing an affidavit). This is an option if you cannot locate where your spouse is or they refuse to go. At Simple Separation, we will guide you on writing an affidavit to ensure they are accepted by the court.

If your application for divorce is granted, the order becomes decree nisi. This means the divorce is not legally effective and binding until after one (1) month and one(1) day. After this time, the divorce order becomes a decree absolute meaning it is final and binding. The one month and one day time requirement is stipulated in the Family law Act 1975 and cannot be varied or waived.

Yes provided you have been separated for more than 12 months and were legally married, you are able to apply for a divorce on a sole application basis. You will, however, need to provide additional information to the court in order to apply and seek permission for substituted service through a family member or friend of your spouse.