Divorce & Separation Overview

What are the requirements for divorce?

1. Jurisdiction: To file for divorce, either you or your spouse must regard Australia as your home and intend to live in Australia indefinitely, or be an Australian citizen or have lived in Australia for at least 12 months before filing.
2. Irretrievable breakdown of marriage: You need to establish that your marriage has irretrievably broken down, meaning there is no possibility of reconciliation.
3. Separation period: You must have been separated from your spouse for at least 12 months before filing for divorce. It’s possible to live under the same roof but still be considered separated as long as there is no reconciliation.

What is the process?

1. Filing the Application: You or your legal representative need to complete and lodge a divorce application with the appropriate court. Relevant documents and the filing fee must accompany the application.
2. Service of Application: The application must be served on your spouse, who then has an opportunity to respond. If your spouse agrees to the divorce and the court is satisfied with the application, a divorce order may be granted.
3. Property Settlement and Spousal Maintenance: Divorce and separation often involve the division of property and, if necessary, the determination of spousal maintenance. It is advisable to seek legal advice to understand your rights and obligations in these matters.
4. Parenting Arrangements and Child Support: If you have children, it’s important to establish suitable parenting arrangements and consider child support obligations. The best interests of the child are the primary consideration in determining parenting matters.
5. Seeking Legal Advice: Divorce and separation can be complex, emotionally charged processes. Engaging the services of our experienced family lawyer is highly recommended. We can provide guidance, help you understand your rights, and assist in negotiating settlements or representing you in court if necessary.
6. Alternative Dispute Resolution: In many cases, resolving disputes through mediation or negotiation can be less adversarial and time-consuming than going to court. Alternative dispute resolution methods, such as mediation or collaborative law, can facilitate amicable resolutions.
7. Support Services: Numerous support services are available to help individuals navigate the emotional challenges of divorce and separation. These include counselling services, support groups, and family relationship centres.
8. Updating Legal Documents: Following a divorce or separation, it’s important to review and update legal documents, such as wills, powers of attorney, and beneficiary designations, to reflect your changed circumstances.

FAQs

The content of this article is intended as a general guide to the subject matter and not to be relied upon as legal advice. For specific legal advice about your individual circumstances, please contact our experienced lawyers.