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E-divorce system ahead for Australia

By March 22, 2016No Comments

By Gianna Huesch

Brisbane couples will be the first to trial a new system being piloted that will enable them to divorce without needing to visit a court registry. Even though at present, Australians can already file an application to divorce, and access some services of the Family Court and Federal Circuit Court online, the plan is to see the entire process streamlined via electronic means.

The trial by the Family Court and Federal Circuit Court will allow individuals to access their court file from any location, removing the need to queue at a registry, and will for the first time allow separated couples to obtain their divorce online. As well as being able to see all their documents online, couples will be able to order copies of their divorce order electronically for free. At present, if you need a copy of your divorce order, you need to write to the court requesting a copy and pay a fee.

The planned system will have obvious benefits for rural or regional Australians or anyone required to travel long distances to access court registries, removing even the need to go to post office.

But if the couple has children younger than 18, they are still required by the legislation to go to court to finalise their divorce. The existing rules about eligibility for divorce will remain (ie that you have been separated for at least 12 months and the marriage has irretrievably broken down).

The aim is to see the system rolled out nationally.



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