In most Family Law matters, the Divorce is generally the simplest part of the process. It can however be the most emotionally difficult as it is often the final step when dissolving a marriage. Our lawyers are compassionate, understanding, and approachable. We are here to support you through your Divorce Application and Divorce Hearing.
Divorces and property settlements are often confused, and it is important to note that in Australia they are two very separate processes. Only parties who have been married can apply for a Divorce; it is severing the legal contract of marriage. Property Settlements relate to the assets and debts of the marriage or de-facto relationship and can be negotiated at any time after separation with no time periods required and are often formalised before a Divorce Application is made.
The first requirement to apply for Divorce is that you must be separated for at least 12 months. If for part of the 12-month period the parties have lived separated under the same roof, the person applying for the Divorce and another adult person must swear and file an Affidavit with the Court setting out evidence about what changed in the relationship after the separation.
Another requirement is that if a Divorce Application is made prior to two years from the date of the marriage, the Court will also require evidence that the parties have either attended counselling and that there is no reasonable likelihood that the parties will ever live together again.
If there are children of the marriage under 18 when making a Divorce Order, the Court must also be satisfied that there are appropriate parenting arrangements in place between the two parties.
You should always obtain independent legal advice before applying for a Divorce. There can be implications including time frames for the commencement of property settlement proceedings. Our experienced professionals will advise you in relation to your Divorce Application including whether you should proceed with a joint or sole Application for Divorce, personal service requirements, whether you are required to attend Court and the legislative requirements that need to be met before you can file an Application.
Our Family Law solicitors are experienced in preparing and filing Divorce Applications and representing clients at Divorce Hearings. We are also experienced in Divorce Applications involving more complex matters including periods of separation under the same roof, spouses who live in overseas jurisdictions, seeking Orders for substituted service and overseas marriages.
At ALG, our priority is you. Our team will advise, comfort and ensure that the process for Divorce is smooth, simple and water tight.
Contact our Family Law Team on 02 4220 7100 to arrange a free 30min consultation with one of our experienced Family Law solicitors.
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