Can’t I just use a Divorce kit?
The quick answer is yes you can!
Once you and your former partner have been separated for 12 months or more you can apply for a divorce in Australia by using a divorce kit.
You can apply for a divorce either individually or jointly. Applying for a divorce is a separate application to your property settlement or arrangements for your children.
Using a divorce kit can be a good option for many reasons. It allows you to do most of the paper work which means the whole process can be a more cost effective.
Once you fill out the application and get it witnessed by a lawyer or JP you can file your application at the court registry. You will need to pay a filing fee. This filing fee can be quite expensive so you should talk to you former partner about paying half the filing fee if you are filing a joint application for divorce.
Once you file your application at the registry you will be given a future court date. This is the date when the Registrar or Judge will look at your application. You may or may not have to attend this hearing. You can ask your solicitor whether they think it is necessary for you to attend or for a solicitor to attend on your behalf. They may grant the divorce at that hearing without issue or you may be asked to provide more evidence regarding your separation before the court grant’s your divorce.
Once your divorce is granted you will receive an official divorce order from the court. You must then finalise your property settlement within 12 months of the date that your divorce became official. It is important to talk to a solicitor about your property settlement as soon as possible as everyone’s situation is different and property settlements can range anywhere between very complicated to relatively straight forward.
If you would like to apply for a divorce using a divorce kit or you are ready to move on to a property settlement you should contact our offices today.
The divorce kit can be downloaded from the family court website.