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Divorce

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DIVORCE

Divorce is the legal process under Australian Family Law for bringing an end to a marriage. In order to obtain a divorce, it must be proven that your marriage has irretrievable breakdown, meaning that you and your spouse are beyond the grounds of reconciliation. It must also be shown that you and your partner have been separated for a continuous period of more than 1 year and there is no reasonable likelihood of reconciliation. In addition, the court only has power to grant a divorce if either of the parties are an Australia citizen or permanent resident, or have been living in Australia for not less than 12 months before lodging the divorce application.

Parties may reunite for up to three months without it affecting the separation period. This is beneficial in assisting couples to trial a reunion. Special requirements are in place for parties who have been married for under two years, such as attendance at counselling sessions or special circumstances.

Either party may file for divorce without the consent of the other party. An application for divorce must be completed, sworn and filed with the Federal Magistrates Court. The divorce application is usually given a Hearing date approximately two months after the date of filing. The application must be served upon the other party at least 28 days before it is to be heard or 42 days if the other party is overseas. Upon the Court becoming satisfied of the points set out above, it will grant an order for divorce. That order does not take immediate effect, but becomes final one month after the order is made.

It is important to note that divorce does not deal with arrangements for children or the division of property. However, our team at Legal First Solicitors Barristers is not only able to help you with divorce, but with all aspects of your family law matter. By ensuring that all aspects are considered together with correct timing and procedure, you can be assured that your matter is dealt with in the fastest and most efficient way.

Family law is a broad area of law designed to accommodate the many differences in families in Australia. Whilst it is possible to complete divorce requirements yourself, it can be difficult to navigate through all the information and options available. Our family law experts can provide you with the right advice and guidance to ensure that decisions are made in your best interest and most suitable to your personal situation.

Sometimes it may feel like that many firms are eager to take your case but few are concerned about you personally. At Legal First Solicitors Barristers we pride ourselves on taking the time to talk you through each step in an honest, straight forward and professional manner, always keeping in mind your personal situation and circumstances. We understand that family matters carry with them wide ranging effects (including cultural and social concerns) and our team of family lawyers have the experience and knowledge to ensure that your divorce is dealt with in a fast, confidential and sensitive way; protecting your rights and the rights of those closest to you.

Please do not hesitate to contact us for advice or an enquiry by calling (02) 9824 3884 and one of our experienced family lawyers will be in touch to assist you in the right direction.