Divorce Matters

1. What Is A Divorce?

Divorce only applies to married people as it concerns the dissolution of the legal bonds of marriage between two adult parties. Divorce does not deal with other pressing matters such as children’s residence and contact, child support and maintenance, spousal maintenance or the division of property.

2. How Can I Get A Divorce

To legally obtain a divorce you must be able to prove that your marriage has irretrievable breakdown. This means that you and your spouse are beyond the grounds of reconciliation. You also need to show that you and your partner have been separated for a continuous period of more than 12 months (or 1 year) and there is no reasonable likelihood whatsoever of reconciliation.

3. Can I Be Separated Under The Same Roof?

Technically, parties may be separated but continue living under the same roof. If this truly reflects your circumstances then you may file a divorce application. You will need to also file with your application appropriate evidence setting out details of your arrangements whilst you were living under the same roof.

Parties may reunite for a period of up to three months without it affecting the prior separation period. This can assist couples who want to trial a reunion.

4. I Had A Short Marriage. Can I Apply For A Divorce?

Yes. However, where the parties have been married for less than two years they can only obtain a divorce after they have attended a counselling session or where there are special circumstances.

5. Who Can Apply For A Divorce?

Either party may file for divorce without the consent of the other party.

If there are any children to the marriage, then you will need to show the Court that you have made satisfactory arrangements for them which are agreeable to both you and your partner.

6. How Can I Apply For A Divorce?

In order to be able to lodge a divorce application:

  1. You or your partner are an Australian citizen; or
  2. Permanent resident; or
  3. Have been living in Australia for not less than 12 months before lodging the divorced application.

7. How Can Antwan Lawyers Help You?

Antwan Lawyers understands divorce and how to apply for a divorce. We can assist you in filing your divorce application in the Family Court of Australia or in the Federal Circuit Court and make certain that you obtain your divorce smoothly, efficiently and as quickly as possible.

Contact Antwan Lawyers now for timely legal advice and fast, quality service for divorce contact us.