Domestic and Family Violence Applications and OrdersGoing through a divorce can be emotionally challenging. At Elysian Law, we understand the stress involved and are committed to guiding you through the process with clear and compassionate legal advice. Our team of experienced divorce lawyers ensures your rights are fully protected while addressing your unique personal needs.
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Key Documents in Divorce Application
Before applying for a divorce, certain legal requirements must be met to ensure the process moves forward smoothly.
What is a divorce?
A divorce is the official recognition of the end of a marriage between two people.
A divorce is separate to property settlements and parenting arrangements.
What are the legal requirements of a divorce?
In Australia, we have a “no fault” divorce system.
The only legal requirement for applying for a Divorce is the “irretrievable breakdown” of the marriage. The Court does not take into account who is at fault for the marriage ending.
It is a legal requirement to show the court that the parties have been separate for 12 months and there is no likelihood of the parties getting back together.
If two people have been separated for 12 months but continue to live together, they are still eligible for a divorce and extra material would need to be provided to the court to prove the marriage is over.
You cannot remarry while you are still married to someone else. Once the divorce order has been made, you can then remarry.
Other legal requirements of a divorce are:
12-Month Separation Period
As stated, you must have been separated from your spouse for a continuous period of at least 12 months before applying for a divorce as outlined by the Family Law Act 1975.
Residency or Citizenship Requirement
Either you or your spouse must be an Australian citizen or have lived in Australia for at least 12 months.
You may be required to prove your residency status at the time of application.
Proof of Marriage
A marriage certificate is required as part of the application process.
Arrangements for Children
If there are children under 18, the court must be satisfied that proper care arrangements are in place.
Filing a Divorce Application
Filing for divorce involves several important steps that need to be completed accurately to avoid delays.
1. Marriage Certificate
A copy of your marriage certificate must be provided as evidence of your marriage.
2. Proof of Separation (If Applicable)
If you lived under the same roof during separation, additional evidence such as affidavits may be required.
3. Affidavit of Service (Sole Application Only)
If you file a sole application, you will need an Affidavit of Service to prove that the divorce papers were successfully served on your spouse. This is completed by the person who serves the documents in accordance with the Federal Circuit and Family Court of Australia.
4. Response to Divorce (If Required)
If your spouse contests any details of the application, they may file a Response to Divorce, which outlines the points they are contesting (e.g., the separation date).
5. Application for Reduced Fee (If Applicable)
If you are seeking a reduced court filing fee, you must submit an Application for Reduced Fee along with supporting evidence, such as a concession card (e.g., Health Care Card, Pensioner Concession Card) or other documentation proving financial hardship.
6. Parenting Plans/Arrangements (If Children Are Involved)
While the divorce application doesn’t directly deal with child custody or parenting matters, you may need to provide evidence that proper arrangements have been made for any children under 18. This is typically presented as part of a statement in the application, outlining how the children are being cared for.
7. Any Court Orders or Protection Orders (If Applicable)
If there are any existing court orders (e.g., regarding parenting, property, or spousal support) or protection orders due to domestic and family violence, these documents should be included to ensure the court is aware of any relevant background information.
8. A copy of the Application will be required to be served on the other side.
If you were married in another Country or your spouse now resides in another Country, you will have to meet the particular service of documents required under the legislation.
How Elysian Law Can Help Filing for Divorce
Elysian Law has experience applying for divorce in complex situations such as where there is domestic violence and family violence present, parties residing outside of Australia, and eligibility for Divorce or Annulment.
Elysian Law offers fixed fee costs in relation to filing for divorce which provides transparency and the hassle doing everything yourself. Your divorce lawyer can assist by lightening the load and assisting you through this emotional time.
When the divorce is finalised (after one month and one day), we help with separate legal matters like property settlements and parenting arrangements. It’s also essential to update key legal documents, such as your will, superannuation and property title.
Our divorce lawyers are here to support you through every step, giving a listening ear and ensuring your rights are protected. Contact us for a confidential consultation.
Frequently Asked Questions
Who is Elysian Law?
Elysian Law is a domestic and family violence law firm that provides full-scale support and expertise in domestic and family violence matters. Our firm is uniquely focused on this evolving area of law, distinguishing us from broader family or criminal law practices. With over 30 years of combined experience, our team brings a depth of knowledge and a commitment to providing empathetic, personalised legal services.
What services do you offer?
Elysian Law is skilled in domestic and family violence law, offering a full range of services to support individuals facing the challenges of domestic and family violence situations. Our services include but are not limited to:
- Domestic and family violence applications and orders: We provide expert assistance in filing for protection orders, also contesting applications for protection orders and navigating the court process. Our team ensures your case is presented clearly and effectively, advocating for your safety and legal rights.
- Criminal breaches of domestic and family violence orders: Responding to allegations of breaching protection orders can be particularly challenging. We offer rigorous legal representation to defend your rights, ensuring a fair, just, and practical resolution.
- Family law: Domestic and family violence has profound implications on family law matters, including custody, property and divorce. Our team offers compassionate, advice and representation, ensuring the best possible outcomes for you and your loved ones.
- Employment issues relating to domestic and family violence: We understand that domestic and family violence can significantly impact your work life. Our lawyers provide guidance on dealing with employment issues.
What makes Elysian Law different from other domestic and family violence law firms?
Elysian Law stands apart due to our exclusive focus on domestic and family violence law. We can offer you complete advice, unlike other firms who just focus on one issue, referring you to other lawyers and charging by the hour. With over 30 years of combined experience, our senior lawyers offer a personalised and holistic approach to each case. We ensure direct access to experienced professionals who treat you as a person, not a case number.
Also unlike other law firms, Elysian Law offers fixed fee estimates with payments made in small stages which give you control and transparency over your legal costs.
Our commitment to empathy and a modern approach to legal support ensures you receive genuine care and representation. We only take on a limited number of clients to ensure each person is properly cared for.
What can I expect during the free consultation?
During your free consultation, you’ll speak directly with one of our lawyers who have practical experience in domestic and family violence law. We’ll listen to your story, assess your situation, and provide initial advice on possible legal pathways. This consultation is entirely confidential and designed to give you a clear understanding of how we can support you, without any obligation to proceed further.
Are the details of my case kept confidential?
Absolutely. Client confidentiality is paramount at Elysian Law. Every discussion, document, and detail related to your case is handled with the utmost respect for your privacy and security. Our team adheres strictly to legal confidentiality obligations, ensuring your information is protected at all times.
How does Elysian Law handle cases of domestic and family violence with discretion and sensitivity?
We understand the sensitive nature of domestic and family violence cases and the importance of handling every case with discretion and empathy. Our approach is to listen without judgement, provide supportive legal advice, and represent your interests with compassion. We prioritise your safety and well being throughout the legal process, aiming to minimise stress and maximise support.
