If you are considering applying for a divorce or you have an appointment with a family lawyer to discuss divorce, the first step is gathering your supporting documents.
To be eligible for divorce the Court will need to be satisfied of the following:
- You and your spouse are legally married.
- You and your spouse have been separated for at least 12 months and your marriage has broken down irretrievably.
- You or your spouse regard Australia as your home and intend to live in Australia indefinitely or are an Australian citizen or ordinarily live in Australia and have done so for at least the last 12 months.
- There are appropriate parenting arrangements in place for any children of your relationship.
Depending on your circumstances, there may be a number of documents that you are required to file to prove that you are eligible for divorce.
Prior to filing for a divorce or attending an appointment with a solicitor, you should consider gathering the following documents:
- Your Marriage Certificate – If you are unable to locate your Marriage Certificate, you should apply for a Certificate through the Registry of Births, Deaths and Marriages in the state you married your spouse. The Marriage Certificate must be in English or translated by a translator into English.
- Any Court documents or Agreements which relate to any parenting or property matters between you and your spouse – These documents can include final or interim orders which have been made by a Court, Family Violence Orders, Parenting Plans, Child Protection Orders and Binding Financial Agreements.
- Proof of citizenship or residency – We suggest that you gather your Citizenship Certificate or Australian passport to demonstrate that you have become an Australian citizen. If you were born overseas and now live in Australia, you should provide a copy of your visa documents to establish that you are now living in Australia as a resident.
- Change of Name Certificate – If your surname on your Application for Divorce will be different to your married or maiden names, you should obtain a copy of your Change of Name Certificate.
- Counselling Certificate – If you have been married to your spouse for less than 2 years at the time of filing a divorce application, you will need to file a Counselling Certificate from a family law counsellor. If your safety would be compromised by going to counselling or there is any other reason that you cannot attend family counselling, we suggest that you speak with a family lawyer to assist you in filing your divorce.
Written by
Olivia Brennan
Family Law Solicitor
If you are considering applying for a divorce, it is important to speak to a family lawyer first. We have experienced solicitors in Newcastle and the Central Coast area that can help you through your family law matter.
We offer a fixed fee initial consultation for $220. Simply Contact one of our friendly staff members to make an appointment.
