The Australian Federal Circuit Court has jurisdiction to deal with marriage dissolution (divorce) in accordance with Part VI of the Family Law Act, 1975. If the marriage is broken off and there is no reasonable likelihood of coming back together, the spouses can file for divorce in Australia. You must show the court that you and your wife have split up for longer than 12 months when filing a divorce application. However, you and your wife can live in the same house and still be separated.
A joint divorce application is when spouses mutually file a divorce application. However, if only one spouse files a divorce application, this is known as a single divorce application and you are the sole applicant, with the respondent being your spouse.
You can either get an attorney to file for you a easy divorce in Australia or you can prepare for the divorce online. You can use any of the online divorce sites to prepare a divorce online applications are readily available online explaining in detail the requirements.
You have to prove that you are eligible to apply for divorce in the Australian Capital Territory by having validation of the following:
1) Having been born in Australia (born outside Australia, at least a parent is an Australian, and your birth has been registered in Australia) or have become an Australian citizen of origin.
2) Are an Australian citizen by Australian citizenship grant (a certificate of citizenship is required).
3) They are legally present in Australia and plan to live in Australia.
4) You have been in Australia for at least the last 12 months, e.g. proof of your passport with a valid or current visa at least one year before your arrival date.
5) Separation for over 12 months between you and your spouse, even if you are living under one roof.
You can register on any Commonwealth Court Portal and e-file, you can complete an interactive online divorce application, and you will pay the filing fee if you intend to make a divorce on your own using online dissociation pages.
You are eligible to apply for a divorce once you meet the above criteria.
It is also advisable that before filing a divorce application either by hand or filing for divorce online, you seek legal advice because your lawyer would help you to know what rights and responsibilities you have and how the law applies in your case.
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