Divorce. Providing the support you need…to move forward
Divorce is the final termination of marriage by law. It cancels the legal responsibilities and duties of the marriage and dissolves the matrimonial bonds between the husband and the wife.
Under Australian Law in the Family Law Act 1975, you do not need to establish fault in order to obtain divorce.
To apply for a divorce, you must have been separated from your spouse for a minimum of 12 months. The only grounds for divorce is that the marriage has broken down irretrievably. It is possible to live separately and apart under the one roof, provided independent evidence exists of separation by other means.
When can I apply for a Divorce?
A Divorce Application can be filed after the 12 month time period has elapsed since separation. There are no time restrictions; you may decide to file for divorce 10 years after separation. In this case however, the delay applying for a divorce can have serious ramifications, good for one, bad for another when it comes to finalising property settlement. Joliman Lawyers can provide you with the advice so that you can make the right decision for your circumstances.
How do I apply for a divorce?
The Application is filed at the Federal Circuit Court. You can apply for a Divorce jointly with your spouse for by yourself.
Joliman Lawyers will prepare the Divorce for you and serve it on your spouse. The hearing of the divorce usually takes place about six to eight weeks after the Application is filed.
If there are children of the marriage under the age of 18 years, the Court must be satisfied that proper arrangements have been made for their care and welfare before they will grant a divorce. This includes housing, education, live and spends time with, health and financial support arrangements for the children. .
The Court then grants a provisional divorce, if satisfied with those matters. This becomes final or absolute one month and one day later. You cannot remarry until the divorce decree becomes final.