Sydun & Co Solicitors

From Filing to Finalising: A Complete Overview of the Divorce Application Process

Going through a divorce is a difficult and emotional time and the process can be overwhelming for both parties involved. We understand. And the legal process of obtaining a divorce can also be complex and time-consuming when life and work still goes on around us. It’s not easy. In this blog post, we’ll simplify the process for you and discuss the five stages of a divorce application in detail.

The 5 Common Stages of Filing for Divorce in Australia

Filing the Application

The first stage of a divorce application is filing a divorce application with the court. This application must be based on the irretrievable breakdown of the marriage and a minimum of twelve months separation. 

The application must be filed in the appropriate court, usually in the jurisdiction where either spouse resides. It is essential to note that each state has its own requirements for filing a divorce.

In the application, the applicant must provide information about themselves, their spouse, and any children they may have and relevant details of the marriage. The application must be signed and witnessed.

You can get some help with this by hiring the best divorce lawyers in Sydney to advise you on the application process throughout each step.    

Service of Process

After the application is filed, the other spouse should be served with an application copy. This is typically done either by a process server or a law enforcement officer. An acknowledgement of service is required.

The spouse being served has a set deadline to respond to the application, typically within thirty days of being served.

If the other spouse does not respond to the petition, provided service can be proven, the court may proceed to grant a divorce in the absence of the other party. This means that the court will finalise and grant the divorce based on the information provided in the application.

Response

The spouse who received the copy of the divorce application may choose to respond. They may dispute the facts stated in the application or they may object to the grounds on which the divorce is based. If the grounds are successfully objected to the divorce will be refused.

If the parties agree on the terms of the divorce, they may file a joint application.

This is the ideal situation, but as we know, things can get complicated.

Since divorce settlements also involve properties, it’s recommended that you hire an experienced property lawyer in Sydney that you can trust for professional advice going forward as there are time limits on the making of any property application.

Finalising the Divorce

Divorce terminates the legal relationship between the parties. The next step is to finalise all parenting and financial matters including property division between the parties. This is best done by agreement, failing which proceedings will need to be commenced and dealt with by the court.

Conclusion

It is important to note that the divorce process can be particularly emotionally challenging and stressful. The tone of the divorce can impact all subsequent matters between the parties arising from their marriage. It is recommended that both parties seek the advice of an experienced divorce lawyer to support and guide them through the process and help them achieve a fair and equitable resolution, and one that is as stress-free as possible.

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