A divorce is the dissolution of the marriage only.You must understand that a divorce does not solve problems with children or property (ie money). Children and property matters are dealt with seperately.
Applying for a divorce is an emotional and difficult decision to make. Before you are granted a divorce by the Court, you must do the following:
1. You must be separated for at least one year
You need to identify the final date of separation. There are exceptions for circumstances where you and your partner are separated, but still live under the same roof.
2. Complete and file a Divorce Application
Once your application has been accepted by the Court and you have received the application back with a Court Seal you must then give a copy of the sealed document to your spouse.
3. Give (or serve) a copy of the Divorce Application to your spouse
Be careful, the rules for serving documents are strict and the application must be served within twenty eight days of the hearing date. If this step is not followed correctly, the process could break down and cause further delay.
4. Attending Court for your divorce hearing
If both you and your partner agree to the Divorce, then there is no need to attend Court, however, if children are involved, it is recommended you attend the hearing.
Your divorce will become final (meaning the marriage is legally dissolved) ONE MONTH after the divorce Order is granted by the Court. This is known as a decree absolute.
Contact our Family Law team and speak with one of our experienced Divorce Lawyers so we can help make this process as quick as possible.
“No- Fault” Divorce Principle in Australia.
The Family Law Act 1975 established the ‘no- fault’ divorce principle in Australian Law. This means that the courts do not take into account the reason for a breakdown of a marriage when dealing with an application for divorce.
The only ground necessary for a divorce is to establish to the court that the marriage has broken down irretrievably. This essentially means, that there is no reasonable likelihood that you and your partner will get back together.