Legalities of Divorce in Sydney

 As embodiments of federal laws, divorce in Sydney and other parts of Australia is granted on a "no-fault" basis. This implies that you do not need to prove to the court who was at fault for the dissolution of your marriage.

 You simply need to show that your marriage has broken down irretrievably and that you have been apart for at least 12 months.

 In Australia, the Federal Circuit and Family Court of Australia have the authority or jurisdiction to handle divorces under Part VI of the Family Law Act of 1975.

 When you can submit a divorce petition

To file for divorce in Australia:

 You must be married legally

 Your marriage must have irretrievably broken down

 You must have been apart from your spouse for  at least a year

 Either you or your spouse must be an Australian citizen or have resided in Australia for at least the previous 12 months before filing

 

Applying for a Divorce

You can file a divorce application online via the Commonwealth Courts Portal – www.comcourts.gov.au

 You can decide to submit a sole application or a joint application if you are applying alone or if you are submitting with your spouse.

 

Responding to a Divorce Application

You can reply to the Acknowledgement of Service if you have received a divorce application.

 You can also submit a Response to Divorce if you disagree with your spouse's application, want to fix any mistakes, or want to contest any of the facts stated in your spouse's application.

 Note: You are not required to take any action if you concur with your spouse's application for divorce.

 

Attending the hearing

Whether you must appear at the divorce hearing depends on whether you and your spouse have a kid under the age of 18 and whether you filed a sole or joint application.

 Additionally, if you submitted a Response to Divorce objecting to the divorce, you have to appear at the divorce hearing.

 

Withdrawing your Divorce Petition or Response to Divorce

You may withdraw your application for divorce if you have already submitted one but have afterward changed your mind.

 You can also withdraw your response if you previously filed one and decide that you no longer want to contest the divorce application or correct any mistakes in it.

 

Order or Certificate of Divorce

The Judge or Registrar will determine whether to issue a divorce after hearing from you and your spouse.

  If the court has issued your spouse a Divorce Order, you can either appeal the ruling or do nothing.

 

Appealing the Decision

If you intend to appeal a Divorce Order, you have 28 days to apply for review before the divorce order takes effect.

 Note: A divorce order cannot be appealed after it has taken effect.

 Are you in need of divorce lawyers sydney to guide you through your divorce process? Contact Meredith Lawyers; https://www.meredithlawyers.com.au/ today;

Meredith Family Lawyers, the leading family law firm in Sydney is dedicated to providing the highest quality legal representation to clients in Sydney facing divorce and separation. Our team of experienced Sydney divorce lawyers are committed to helping our clients achieve a fair and amicable resolution to their legal matters.

 Visit us to know more at https://goo.gl/maps/A3j29xsBMimxsZWF7

 

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