How does divorce work?
Australia has a ‘no fault’ divorce law. This means that you only need to show that you have been separated for 12 months (but not why), and that you have complied with the technicalities.
You can apply for a divorce jointly with your spouse or alone.
You will not need to go to court if you apply jointly with your spouse. You will need to go to court if you apply by yourself and have a child under 18, or if you need to submit any additional affidavit evidence.
Most people now apply for their divorces online.
Especially in the difficult time after separation, many people find the process of completing the documentation and applying for a divorce online quite testing.
Some divorces are not straightforward: for example, if you don’t know where your spouse is, if your spouse disputes the separation date or if you are separated ‘under one roof’.
The requirement to ‘serve’ divorce papers on the other spouse, if the application is not joint, can also cause problems.
How we can help
Tribe provides a range divorce services, to help make your divorce work, from which you can pick-and-mix depending on your needs:
- We can guide you through the completion and filing of your divorce application, and help you with sticky, special problems in our Divorce Clinic service.
- We can prepare your divorce application from scratch.
- We can help you prepare, or fully prepare, the required affidavits for ‘separation under one roof’ and short marriage.