The end of any relationship is many times a sad affair, and it gets even worse when the relation is a marriage. It is often emotional accompanied by a feeling of hurt and betrayal. The decision might be a mutual one or it could be only one spouse who is seeking the separation. When both couples are seeking separation it is referred to as a joint application and the applicants are referred to as joint applicants. However, if it is only one seeking the separation the spouse seeking the separation is referred to as a sole applicant while the other spouse is referred to as the respondent. Whether it is both the spouses who are seeking separation or it is a sole application, the procedure is basically the same under the Australian divorce laws.
If one decides to end the marriage relationship, he or she can either prepare their own application or they can ask a lawyer to prepare the application for them. It is advisable to get the services of a family lawyer especially because of the possibility of the suit being contested by the respondent in case of a sole application, or if the couples are citizens of different Nations which might call for the contracting the services of expat divorce lawyers Melbourne. The applicant or their legal representation can use the application for divorce kit, which provides a step by step instruction for completing the application. This process can be done online for commonwealth member state citizens.
The next step for the applicant or applicants as the case might be is to swear an affidavit and sign the application in front of a lawyer, Justice of the peace or any person permitted by law to witness the swearing process. An Australian citizen who was not born in Australia will be required to file a copy of the citizenship certificate, passport or any document that will show citizenship proof. So it might be important for the person to approaching the law firms that offer family law advice for Australians overseas. The dully completed application for divorce should be in duplicate and it should include any supporting documentation such as a copy of the marriage certificate. These are then filed by either mailing it by post or hand delivering at a family law registry. One will be expected to pay a fee if they are not eligible for fee reduction.
After filling of the application, the applicant is given a file number alongside a time and hearing date. Joint applicants will be given a sealed copy of the application and an information brochure on Marriage, families and separation. While a sole applicant will be given two copies of each. One of each copy is meant to be served to the respondent. The respondent should be served at least 28 days before hearing date if he or she is within Australia or at least 42 day if overseas. If for instance the respondent resides in Singapore it might mean involving Australian Family lawyers in Singapore.
The next stage is the hearing where the couples do not have to attend unless it is a sole application and the couples have a child less than 18 years of age. If the one parent is from Australia and the other from Singapore, the decision will be made after considering the child custody laws in Singapore.