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This document creates an Application for Divorce [Sole or Joint Application] for parties to a marriage who are eligible to apply for a dissolution of marriage.
It does not determine issues between the parties of financial support, property distribution or arrangements for children - it simply recognises that the marriage has ended.
To be eligible to apply for a dissolution of marriage:
1️⃣ The marriage must have broken down irretrievably and there must be no reasonable likelihood of cohabitation between the parties being resumed;
2️⃣ The parties must have separated and thereafter lived separately and apart for a continuous period for at least 12 months and 1 day
[Parties to a marriage may be held to have separated + lived separately & apart notwithstanding that: the cohabitation was brought to an end by the action or conduct of one only of the parties; and/or they have continued to reside in the same residence …]; and
3️⃣ At least one of the parties must meet the criteria for Australian citizenship or residence.
Important Notes:
This application is not currently available for eFiling.
AS OF OCTOBER 2020 THE CTH COURTS PORTAL IS NO LONGER ACCEPTING UPLOADED PDF DOCUMENTS FOR THE APPLICATION FOR DIVORCE.
AS SUCH, YOU MUST FILL IN THE OFFICIAL FORM ONLINE AT HTTPS://WWW.COMCOURTS.GOV.AU/.
OUR FORM CAN STILL BE USED AS A PRACTICE RUN/REFERENCE TO HELP COMPLETE THE OFFICIAL FORM.
AS SUCH WE HAVE MADE IT AVAILABLE FOR FREE.
Alternatively, you can eFile an Initiating Application (Family Law) which provides Divorce as one of the categories of initiating applications which can be made.
If you divorce, it cancels any gift you made to your former spouse under your Will.
It also cancels their appointment as trustee, executor or guardian under your Will, except as trustee for property left to any children.
You should always make a new Will if you marry, divorce, or if you have been separated for a long time.
To help you ensure you at the very minimum have a Will in place, we offer you our Simple Will which you can create at anytime for FREE.
We recommend everyone upgrade to our Smarter Will (incl. Testamentary Trust).
You can learn more about the benefits of upgrading by reading our brochure:
Enter the code WHen you pay full price to Purchase one of the following Self Service documents:
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The Federal Circuit & Family Court of Australia prescribes as mandatory reading the following Fact Sheets.
Whilst it may appear counter-intuitive, starting here will maximise the chances of you resolving your differences +/or settling matters outside of Court.
This brochure provides information for people considering, or affected by separation or divorce.
It includes information about:
This brochure provides information for people considering applying to a court for parenting orders.
This brochure provides information for people considering applying to a court for financial orders.
Please refer to our Australian Family Law Resources + Dispute Resolution -> Smart List
Credits:
This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
Important Notice:
This FAQ is intended for general interest + information only.
It is not legal advice, nor should it be relied upon or used as such.
We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.
The Cth Courts Portal / Commonwealth Courts Portal is an initiative of the Federal Court of Australia and Federal Circuit & Family Court of Australia.
It provides online services for registered litigants (you) +/or your lawyer enabling you/your lawyer to eFile/eLodge + access case documents & information incl. Court Dates.
How do I eFile in the Cth Courts Portal / Commonwealth Courts Portal?
How do I navigate through the Cth Courts Portal / Commonwealth Courts Portal?
How do I register for the Cth Courts Portal / Commonwealth Courts Portal?
The Cth Courts Portal / Commonwealth Courts Portal also includes Federal Law Search which provides selected information on cases filed in the:
The information is real time and includes all cases that have commenced since 1 January 1984.
As the database is continually updated, the results of a search may vary from time to time as new information is entered.
Matters where a pseudonym has been assigned to a party are not searchable in Federal Law Search.
Source: Cth Courts Portal / Commonwealth Courts Portal.
Important Notice:
This FAQ is intended for general interest + information only.
It is not legal advice, nor should it be relied upon or used as such.
We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.
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