Divorce Guide

Instructions for Filing Divorce in Australia

If you need to apply for divorce in Australia, you will have to complete a divorce application and attach the required documents with it. You will then have to file the divorce application in the divorce court. Filing the divorce application is an important step in obtaining divorce.

Filing the divorce form

You will have to pay the filing fees while you file your divorce form. The fees must be paid while you are filing the application of divorce in the court. You can pay the fees by cash or by cheque. You can pay through a credit card or a solicitor’s trust account cheque. In case, you want a fee wavier, you need to obtain a form in that respect from the family court registry. You should attach this form along with your application while you file it. There are certain guidelines for getting exemption in fees. You can get exemption from fees only if:

1. You are retired and receive legal aid or pension
2. You are in financial hardships

Copies of documents needed while filing divorce application

You will have to submit a number of documents with the divorce application. You should make a photocopy of the documents after the original documents have been sworn and fully complete. The photocopy avoids the issue that may arise due to the copies made on signature. This makes the documents authentic and any doubts regarding the documents are cleared.

The original documents can be filed and the court seal is placed on it. You can then take photocopies of the documents that are needed while serving the papers. In this case of filing the true documents, true copies can be obtained even if the original papers are lost.

List of documents needed while filing the divorce

1. Original sworn divorce application along with two more copies
2. Photocopy of marriage certificate
3. Fees or fee wavier application
4. Other documents including the affidavit for separation under one roof, affidavit of translation of marriage certificate, etc.

You will have to attach a self addressed and stamped empty envelope in case you are posting the application. Requisition will be issued in case there is some error in the application or the documents while filing it. This may take some weeks to get rectified. In case you do not want to take the risk of posting the application, you may seek help of an agent to file your application.

Check the timings in your state for filing the divorce application. The filing clerk will process your application. He will check your application and the documents and will give you a receipt for filing fees and the sealed copy of the application. In case the documents are not according to the rules, your filing may be rejected. This clerk does not have the authority to reject the documents and you can insist for filing. You will have to give an explanation later to the court and you can get them right. You will have to be careful if this is the case as it may result in your application being rejected. The filing clerk will allocate the hearing date after filing your application.

Filing of the divorce application is the first and important step in getting divorce in Australia. You should follow all the steps whiling filing the divorce. You should also take care to have all the required documents in the right form and order while you file the divorce application.

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