News

Jul 29

Double Click for a Divorce

Whilst the emotional turmoil that inevitably comes with the breakdown of a marriage and a divorce, cannot be made easier by a click of a button, the court system is taking steps to try and ensure an easier process when filing an Application for Divorce.

Parties have been able to apply, online, for an Application for Divorce for some time, but now the courts are moving to a completely electronic divorce file and away from paper documents and filing.

The Commonwealth Court’s portal system (www.comcourts.gov.au) allows parties to electronically file (“e-file”) their application and further documents and track the progress of their matter.

Some advantages of e-filing applications online include:

  1. options to receive email notifications when documents are filed and court dates are ordered ;
  2. in certain cases, the ability to select your own court date;
  3. access to your online file day and night;
  4. confidentially – there is a secure password to access the online portal (as opposed to receiving documents in the post which can be opened by other people.)

Parties who are unable to file their divorce application online can still contact the Family Court National Enquires Centre on 1300 352 000 to obtain a paper version of the Application for Divorce kit.

Parties who wish to file an Application for Divorce can do so on their own or can seek assistance from a lawyer.

Lawyers provide their client’s with advice about the legal implications of their Order for Divorce and are also able to assist where there may be certain unique circumstances, for example:

  1. where parties are married for less than 2 years – in which case further affidavit material needs to be filed;
  1. where parties have been living separately but under the same roof in the twelve months prior to filing an Application for Divorce;
  1. where one party is unable to locate their spouse to serve the Application for Divorce.

For more information in relation to the divorce process, see Sophie Pearson’s blog: http://www.mclaughlins.com.au/how-do-i-get-a-divorce/.

At McLaughlins Lawyers, we are always happy to assist you with questions about your divorce and other related family law matters. Please contact our team if you require our assistance.

Author: Joelene Nel

Partner: Sophie Pearson

Date: 29/07/2016

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