Kydon Segal Lawyers


How should YOU prepare when filing for divorce?

If you are anticipating filing for divorce you might be feeling uneasy about meeting with a family lawyer for the first time however there are a few tips that can help you remain calm during the entire process.

There are a number of steps involved in an application for divorce and the Family Court requires specific documents to be filed before they will approve any application for divorce.

1.Do you have any questions?

If you are unsure about anything relating to separation and divorce, you should note these questions down on a piece of paper or your phone. This will ensure you are prepared when you have your initial consolation with a family lawyer and will assist in the case that you forget to ask an important question.

2.Are you able to apply for a divorce?

Before meeting with a family lawyer, you should check that you meet the requirements below.

In Australia, you can only apply for divorce if you or your spouse:
a) regard Australia as your home and intend to live in Australia indefinitely; or
b) are an Australian citizen by birth, descent or by grant of Australian citizenship, or
c) ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.

You must also show that you and your spouse have lived separately for at least 12 months and you have no likelihood of resuming married life. It is still possible to apply for divorce if you and your spouse are separated but remained living under the same roof.

3.What information is required?

At your initial consult, our team will require some information about you and your spouse. This includes your date of births, country of births, contact information and a few other details. The information you provide will be submitted in the application to the court.

4.What documents are required?

The Family Court requires a copy of your marriage certificate. If you were married overseas, the marriage certificate must be translated into English by an authorized service.

If you were not born in Australia, you must provide copies of either your Australian citizenship certificate or passport to prove you have been legally living in Australia.

There are several other factors to consider when applying for divorce and the tips provided above are in no way a complete guide to applying for divorce. To find out, contact Kydon Segal Lawyers today.