Divorce

Divorce only applies to married people as it concerns the dissolution of the legal bonds of marriage between two adult parties. Divorce is separate from dealing with other matters such as property settlement and parenting matters.

However, once you have filed a divorce and obtained a divorce order, the time for you to file an application in relation to the other matters are generally limited to twelve (12) months.

Before you file an application for a divorce, you must be able to prove that your “marriage has broken down irretrievably”. In practice, this simply requires you to evidence a twelve (12) month’s separation.

Also, a divorce order is a “non-discretionary” form of relief. This means, as long as you can evidence the 12 month’s separation immediately preceding the date of the filing of the application, a divorce order must be granted by the Court.

No. The court will accept the parties may have separated notwithstanding they still be living under the same roof.

To evidence separation under the same roof you will be required to file an affidavit (sworn statement) along with your divorce application. The affidavit will provides evidence of the arrangement entered into between parties to the marriage after the separation. We can assist you in preparing that affidavit.

Either party to the marriage can file for divorce without the need to obtain the consent from the other party.

If there’s children (under the age of 18), the Court will not grant a divorce order unless:

1. The Court is satisfied that there are proper arrangement made for the care, welfare and development of the children or
2. The Court otherwise finds that there are some special reasons for granting the divorce order based on individual circumstances

If your marriage is less than two (2) years at the time you file your divorce application you will be required to attend counselling sessions before a divorce order is granted (unless there are some special circumstances to justify an exemption).

Once the application is filed, you will be given a hearing date and your spouse must be served with a copy of the application at least 28 days before the hearing. Your spouse does not have to attend the hearing with you, unless children are involved.

If the Court is satisfied that the requirements have been met, a Divorce Order will be issued.

We can assist you in the entire process from the preparation of the divorce application, representation in your divorce hearing and obtaining the divorce order.

We offer a fixed fee arrangement for this service.

Contact us now to make an appointment for your free initial consultation.

• Divorce information – the Federal Magistrates Court of Australia