LAWMATTERS RMB AWYERS THE MECHANICS OF APPLYING FOR DIVORCE RMB Family Lawyer GRACE SLATER explains the mechanics of filing for divorce: You can apply for a divorce by yourself (sole application or together with your spouse joint application. In a sole application, you must serve the application on your spouse by post if you believe they will sign and retum it, or by hand through a family member, friend or professional process server. To make an application for divorce, you or your spouse must either: regard Australia as your home and intend to live here indefinite- ly, be an Australian citizen by birth, descent or by grant of Australian citizenship; or ordinarily live in Australia and have done so for 12 months immediately before filing for divorce You and your spouse must be separated for at least 12 months you have been separated for that time but have remained living in the same house, you will need to prove to the Court that you were separated during the time that you were still living together. Applicants married for less than two years will also need to file a counselling certificate to show they have attended marriage counselling. Applicants must provide the Court with a copy of their Marriage Certificate. The Court will only consider an Application for Divorce without a Marriage Certificate in very excep- tional circumstances. You can either retain a solicitor to prepare and file the Application for Divorce on your behalf, or you can complete the application online yourself through the Commonwealth Courts Portal Divorce hearings are currently conducted electronically so you do not need to attend Court in person. Attendance is usually only required you make a sole application and there is a child or children of the marriage that are under the age of 18 years, or the respondent in a sole application opposes the application If all the requirements are met, your divorce should be granted at the divorce hearing and will be finalised one month and one day later. You will receive the Divorce Order, which is proof of the divorce, the day after it is finalised Once the Divorce Order takes effect (which is one month and one day after the Divorce Order is made, the parties have 12 months from that date to commence property settle ment proceedings in the Federal Circuit and Family Court of Australia RMB's Family Law Team is experienced in the preparation of Applications for Divorce, and has a fixed fee structure Always where you are Business Low Dispute Resolution Conveyancing & Property Law Wills and Estates Compensation Low Criminal Law Relationships Low 3 & Family & BOWRAL 387 Bong Bong St MOSS VALE 300 Argyle St 4862 1411 www.rmblawyers.com.au LAWMATTERS RMB AWYERS THE MECHANICS OF APPLYING FOR DIVORCE RMB Family Lawyer GRACE SLATER explains the mechanics of filing for divorce : You can apply for a divorce by yourself ( sole application or together with your spouse joint application . In a sole application , you must serve the application on your spouse by post if you believe they will sign and retum it , or by hand through a family member , friend or professional process server . To make an application for divorce , you or your spouse must either : regard Australia as your home and intend to live here indefinite ly , be an Australian citizen by birth , descent or by grant of Australian citizenship ; or ordinarily live in Australia and have done so for 12 months immediately before filing for divorce You and your spouse must be separated for at least 12 months you have been separated for that time but have remained living in the same house , you will need to prove to the Court that you were separated during the time that you were still living together . Applicants married for less than two years will also need to file a counselling certificate to show they have attended marriage counselling . Applicants must provide the Court with a copy of their Marriage Certificate . The Court will only consider an Application for Divorce without a Marriage Certificate in very excep tional circumstances . You can either retain a solicitor to prepare and file the Application for Divorce on your behalf , or you can complete the application online yourself through the Commonwealth Courts Portal Divorce hearings are currently conducted electronically so you do not need to attend Court in person . Attendance is usually only required you make a sole application and there is a child or children of the marriage that are under the age of 18 years , or the respondent in a sole application opposes the application If all the requirements are met , your divorce should be granted at the divorce hearing and will be finalised one month and one day later . You will receive the Divorce Order , which is proof of the divorce , the day after it is finalised Once the Divorce Order takes effect ( which is one month and one day after the Divorce Order is made , the parties have 12 months from that date to commence property settle ment proceedings in the Federal Circuit and Family Court of Australia RMB's Family Law Team is experienced in the preparation of Applications for Divorce , and has a fixed fee structure Always where you are Business Low Dispute Resolution Conveyancing & Property Law Wills and Estates Compensation Low Criminal Law Relationships Low 3 & Family & BOWRAL 387 Bong Bong St MOSS VALE 300 Argyle St 4862 1411 www.rmblawyers.com.au