Divorce

Divorce is a small word but it can mean so much.

Whether you are the one instigating a separation or not, divorce is rarely something which people plan for.

In Australia, divorce means the formal end of a marriage.  However to most people it also means making arrangements for parenting of children and division of property.  It is important to remember however that the divorce itself does not make any orders in relation to parenting arrangements for children or division of matrimonial property . These are separate issues that ideally should be addressed and settled prior to either party making an application for divorce as time limits may apply in respect of property settlements after divorce.

Getting divorced

Generally people are able to be divorced provided that they can show that the marriage has irretrievably broken down, that is, they have been separated from the spouse for more than 12 months.  There is no need for a party to show any fault of the other, and the reasons for the divorce will have no effect on whether the divorce will be granted.

However if parties have been in a short marriage (less than two years) it will be necessary for you to attend counselling and obtain a certificate from a counsellor that says you have considered reconciliation.

To be able to obtain a Divorce Order, parties will also need to show that they are either Australian citizens by birth or naturalisation, or live in Australia as their home, or have lived in Australia for at least the last 12 months before applying for a divorce order.

Applications for divorce can be made by one party or by both jointly, and there is a fee for filing the application, which if you agree you can share.  However  if the application is made by one party they will need to file their application and then formally serve the other party with their application and also file some additional documents in the court, so that the court knows the other party is fully aware of the proceedings.

When making an order for divorce the Court also considers what arrangement has have been made for children under 18 and needs to ensure that both parties are consenting to the divorce.

We offer a fixed fee service for divorce applications, based on your particular circumstances. Contact one of our lawyers for more information.