Divorce Law
A divorce is when a court officially ends a marriage.
Getting a divorce order means that your marriage has formally ended and you can remarry. A divorce does not sort out issues relating to property or children, and you will need to make these arrangements separately.
Australian law has the principle of no-fault divorce. This means that the Court does not consider why the marriage ended, and you just need to satisfy the Court that you and your spouse have been separated at least a year and there is no reasonable chance of resuming married life.
Divorce can be a difficult time, and there are services to help you and your family with the emotional impact of divorce.
The Divorce Process in Australia
- Clients often come to an initial consultation with us stating that they “want a divorce” when what they really mean is that they want to resolve a property settlement dispute with the other party or to sort out their parenting arrangements following separation.
- Whilst many clients genuinely believe the term “divorce” to be all-encompassing, and to include resolution of financial matters, parenting issues and child support between the separating parties, the truth is that the divorce process itself is usually the most straightforward and uncontroversial aspect of separation and an entirely separate process from resolving a financial settlement or arrangements for children.
- Obtaining a divorce simply means that the parties are no longer legally married – it is the formal, legal end of the parties’ union.
- It is largely an administrative process, but does require one or both parties to apply to the Family Court for a Divorce Order, and may require attendance at a short hearing in certain circumstances.
- Obtaining a Divorce Order will also trigger a statutory time limit to apply to the Family Court for property orders and/or spousal maintenance.
Divorce can be a difficult time, and we are here to assist you through this trying time and can answer your concerns at our initial consult at a reduced rate , namely: -
- 1. What will it cost me to progress the matter further with you,
- 2. How long does a divorce take?
- 3. What are acceptable grounds for divorce in Australia?
- 4. Haven’t been married for more than 2 years… so what can I do?
- 5. Can the other party oppose a divorce?
- 6. What if my spouse and I have separated but still live in the same house?
- 7. How will divorce affect my children?
- 8. Can I get a divorce in Australia if we were married overseas?
- 9. Should we consider a joint application for divorce?
- 10. Who gets what? How does divorce affect my property or maintenance rights?
- 11. Do I have to be divorced to finalise my parenting arrangements or my property settlement?
- 12. Now that I am divorced, can I use my maiden name?
- 13. What effect does my divorce have on my will?
Should you wish to make an application for Divorce or seek advice on any other aspect of Family Law, please contact us for an initial consultation at a reduced rate.