Marriage Certificates
Yes, you do need a copy of your marriage certificate.
You cannot apply for a divorce without it.
You can order a replacement copy of your marriage certificate from the Department of Births, Death & Marriages in your State/Territory.
Don’t order a commemorative copy – the court doesn’t accept these.
If you were married in another Country and your marriage certificate isn’t in English, the court has strict requirements regarding a translation.
Translation
If you were married in another Country and your marriage certificate isn’t in English, the court has strict requirements regarding a translation.
The marriage certificate must be translated by a qualified translator.
You can obtain a certified translation of the marriage certificate from the National Accreditation Authority for Translators and Interpreters (NAATI).
You can find a translator using NAATI’s online directory at www.naati.com.au or phone 1300 557 470.
Affidavit of Translation
The person who translates the certificate must complete an Affidavit Translation of Marriage Certificate and:
The Affidavit must be sworn or affirmed before a Justice of the Peace or a Lawyer.
I’ve attached an Affidavit of translation for the translator to sign, and some instructions for you to pass on to them.
Where do I get an affidavit of translation?
Please get in touch with us and we will assist you.
Children
Yes, you must provide information about any children under the age of 18.
Children who must be included are-
No. A divorce doesn’t determine arrangements for your children. A divorce simply puts an end to your marriage.
Before the court will grant your divorce, however, it must be satisfied that there are proper arrangements for all children under 18.
This is why you must provide enough information to satisfy the court that there are proper arrangements in place.
You are asked to provide details of communication (such as by phone) and how much time is spent with each parent.
You must also provide details of financial support, health and education.
We provide you with samples to use as a guide.
Property and financial matters
A divorce is simply the legal end to your marriage. It does not decide issues about your children, property or maintenance.
If you want to finalise your property agreement in a legally binding way, I recommend you get some legal advice. The documents can get quite technical.
You would benefit from first having a very good idea of the agreement (who is keeping what) and your financial circumstances. The documentation needs to set out income, assets, liabilities, and superannuation and their values.
To help keep your legal fees down, write it all out.
Once your divorce becomes final, an important time limit commences.
Any court application regarding property and/or maintenance must be made within 12 months.
You should keep this deadline in mind when deciding what’s best for your future.
If you haven’t already finalised a property agreement in a legally binding way, you should consider whether it is in your interest to do so before this time limit expires.
We don’t recommend any particular lawyer, but it’s always a good idea to ‘shop around’ for a lawyer.
Make sure they deal exclusively with family law and related matters, such as Wills and property transfers).
Ensure the lawyer has several years experience and are prepared to give you a quote or estimate of their fees for finalising your property and financial issues.
Some lawyers offer a free first interview, but you don’t always receive a lot of information during that interview.
You would do well to choose an experienced lawyer who is prepared to tell you their hourly rate up front and who gives you an overall estimate of costs.