In Australia, there is no need to provide any reason for divorce other than the relationship has irretrievably broken down. An Application can be made to the Court to dissolve your marriage if you are able to establish that you have been separated for at least 12 months and that there are no prospects of reconciliation.
Q. How do I apply for a Divorce?
A. You will need to provide us with your marriage certificate, identification, and proof of citizenship (if you were not born in Australia). We can take care of the preparation and filing of your Application, as well as the subsequent service of the Application.
Q. How long does it take?
A. When you lodge your Application, the Court will advise a hearing date that is usually conducted within 2 to 3 months. The hearing is a relatively quick process, and we will advise you as to whether you will be required to attend. At the conclusion of the hearing and provided the divorce is granted, the Order becomes final one month and one day from the date of the hearing.
Q. What happens if I have children with my former partner?
A. The Court needs to be satisfied that your children are being taken care of before a divorce will be granted, but will not expect that you have a formal agreement in place. We can provide assistance to you in this regard, and will discuss the particulars of your circumstances at your initial consultation.
Q. What about the family home and our other property?
A. You may be able to reach agreement with your former partner without the necessity of having to go through the Court process by alternative dispute resolution methods. However, if you are unable to reach agreement a formal application for property orders must be lodged within 12 months of your divorce becoming final.
As a means to provide certainty and greater assistance to our clients during the divorce process, we offer FIXED FEE arrangements for Divorce Applications and encourage you to discuss this with us.
If you would like to arrange a consultation with one of our lawyers to obtain legal advice based on your particular circumstances, please complete an ‘Online Enquiry’ form or contact us using any of the details provided on our Contact Us page.