Going through a relationship breakdown is one of the most difficult and stressful experiences an individual faces in their life.
When you have to deal with property division, making suitable arrangements for children or settling financial agreements such as spousal maintenance and child support, it can become even more stressful.
Navigating the legal requirements involved with separation doesn't have to be like navigating a minefield.
Entrusting an experienced family lawyer to assist you through the divorce process with sound legal advice and representation (if the matter goes to court) is the best way to get through this challenging and emotional time positively.
Information about Divorce in Australia
A divorce is the official termination of marriage. In Australia, there is only one ground for divorce - that the marriage has broken down irretrievably with no chance of reconciliation.
Before you can make an Application for Divorce, it is necessary that you have been separated from your spouse for a minimum period of 12 months. Either you or your spouse also needs to be an Australian citizen, live in Australia or have been living in Australia for at least 12 months before the date of the Divorce application.
It is possible that all or part of the separation has occurred while the parties continued to reside under the same roof. In these circumstances, it is necessary for the parties to establish that they were living “separately and apart”.
This goes beyond sleeping in separate rooms, but also requires some evidence that either yourself or spouse stated that the relationship was over and that you were living separate lives during the period of separation.
Further information regarding the meaning of this can be obtained by contacting our divorce lawyers.
An Application for Divorce can be made as an individual or jointly with your spouse. You can submit a divorce application online and represent yourself however be aware of the issues of self-representation in the Family Court.
If there are children of the marriage under the age of eighteen (18), it will be necessary that the parties attend the Court hearing and satisfy the Court that suitable parenting arrangements have been made for the care of the children, unless certain circumstances apply.
Property settlement and financial matters such as spousal maintenance, division of assets and child support arrangements will also need to be determined.
Your Family Law Matter
Our family lawyers have extensive experience with all family law matters and are able to provide married couples, same-sex couples and de facto couples with tailored advice regarding all aspects of the separation and divorce process during this challenging time. We can advise on:
- Property division
- Financial arrangements
- Child support matters
- Parenting issues
We have included a number of helpful articles about family law below:
- Why You Shouldn't Take Family Law Advice From Friends
- Fact or Fiction? Top 5 Myths About Family Law Property Settlements
- Children's Care Arrangements Following Separation
- The Perils of Representing Yourself in the Family Court
- Family Separation: Things You Need to Know
- The Difference Between Divorce and a Property Settlement