Divorce Law
Whilst applying for a divorce is a relatively simple process, the assistance of an experienced family lawyer can be invaluable – whether your separation and divorce is amicable… or not.
How a good family lawyer will help you divorce sooner and more smoothly
Even if you are both in agreement about the distribution of your assets or parenting arrangements – a family lawyer will help ensure your divorce goes smoothly, all the loose ends are tied up and the distribution of assets are legally finalised. All too often we see problems arise one or two years after a divorce, because Property Settlements or Parenting Arrangements aren’t documented and filed properly.
If you and your partner can’t agree on how property should be split, parenting arrangements or financial support matters – the support and advice we can provide will allow you to understand exactly how the law applies to your situation and what you could or should be entitled to. Unfortunately, family law is incredibly complex and just because your friend ‘Jane’ got x, y and z, or ‘Bob’ ended up paying spousal support – doesn’t mean you will.
What is the process for divorce in Australia?
- Divorce is a legal process by which you separate from your spouse and formally end your relationship. The actual process of divorce is often a fairly straightforward matter, but property settlements and parenting arrangements can become complicated.
- In order to get a divorce in Australia, you need to show that you have been separated from your spouse for a period of 12 months and that you have no chance of reconciliation. If you have reconciled with your partner for a period of three months or more, the 12 month period resets.
- You may be separated but live under the same roof; a situation that often occurs where parents separate but still wish to care for their children together while they finalise living arrangements. There needs to be evidence that the separation is a genuine one.
- Divorce requires the court to make an order which may require you and your ex-partner’s attendance in court. A divorce order takes approximately 4 months to finalise from your first meeting until the Court order is made. However, this will depend on a case by case basi
- Your ex-partner cannot oppose an application for divorce except in specific circumstances, such a disagreement with the date of separation. If you wish to remarry you need to ensure you have allowed sufficient time for your divorce to finalise. Not wishing to be divorced is not a ground to oppose it.
- Divorce under the Family Law Act is on a no-fault basis – the only ground is that the marriage has irretrievably broken down which is then evidence by a minimise of 12 months separation prior the application for divorce being filed.
- Courts can decline to make a divorce order including if it is not satisfied with the care and financial support of children of the marriage.
