Divorce
Navigating divorce and separation can be a challenging experience, but our compassionate delivery ensures that you receive the support and guidance you need during this difficult time. We are dedicated to helping you find clarity and resolution as you move forward into the next chapter of your life.
What does separation mean?
Separation means the end of your relationship with your spouse, or de facto partner. It can be a difficult time filled with uncertainty and emotional turmoil. It is imperative that you obtain advice on your rights and obligations, particularly as they relate to the division of your assets, parenting arrangements and financial obligations.
What does Divorce mean?
Divorce is the legal process that terminates the marriage between parties. It does not, in itself, resolve the division of assets or parenting arrangements for children. A divorce can only be granted if:
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There has been a separation of at least 12 months
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There is no reasonable likelihood of reconciliation
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The Divorce Process
Each divorce is different and can have various complexities however the key steps in the process are:
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Filing for Divorce - An Application for Divorce must be filed with the Federal Circuit and Family Court of Australia. To apply for a divorce you will need to have your marriage certificate. Further information on the process can be accessed here. We can assist you to prepare and submit any documentation necessary.
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Serving the Application - Unless you have made a joint Application for Divorce, you must serve the application on your former spouse. There are specific requirements as to how this must occur and we can assist you to ensure you meet those requirements.
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Attending the Hearing - If you have children under the age of 18, or there is a dispute about the Application, you may need to attend the Divorce Hearing. We can assist you with this process and appearance.
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Finalising the Divorce - Your Divorce Order will issue one month and one day after the Divorce Hearing. This Order will officially end your marriage.
Time Limitations
Once the Divorce Order has been granted you have twelve (12) months to make an Application to the Federal Circuit and Family Court of Australia for an Order regarding the division of your assets and liabilities, or spousal maintenance. If you do not comply with this time limitation you are prevented from making an Application to the Court at a later time, without the Court granting you leave to do so.
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Please contact us for assistance in resolving the division of your assets and liabilities and ensure you have complied with your time limit.