Divorce - What you need to know before you apply
Time limits ….
You and your ex-partner must be separated for at least 1 year and 1 day before you can apply for a divorce. Any time spent making a genuine attempt to reconcile will not ‘reset’ the 1 year time limit.
For example, if you separated for 8 months, and then spent 2 months together trying to reconcile the marriage unsuccessfully, you only need to wait a further 4 months before you can apply for a divorce.
You can apply for a divorce without a lawyer, but if can be complicated especially if you have children. Contact me for a free, no-strings-attached confidential chat, before starting your own application.
Before you apply …
Make sure you speak to a family lawyer about property settlement matters, even if you think you and your ex-partner completely agree about property settlement or you don't think you need to worry about it. Property settlement can be complicated, and there are many pitfalls. Once you are divorced, legislation may prevent you from exercising your proper legal rights in relation to the wealth and assets accrued during your marriage.
If you have recently separated (even if you are not yet divorces) you should talk to a lawyer as soon as possible about having your will re-done. If something happens to you and you have recently separated, the law may result in your deceased estate being distributed against your wishes!
How we can help ….
Applying for a divorce is usually a relatively simple process if you have met the time limitations (i.e. separated from your spouse for one year and one day). However, there can be some issues if you are not sure about time limitations, you and your spouse continued to live at the same address for a period following separation, your spouse is refusing service of court documents or may be hard to locate, or your spouse is opposing the application.
The usual process is started with an application to the Federal Circuit and Family Court of Australia, including a copy of your marriage certificate or some other evidence of marriage.
Once the application has been filed with the Court, and is accepted by the Registry, a sealed copy of the application along with other prescribed Court information needs to be personally served upon your ex-partner. If the application for divorce is a joint application (i.e. made by both you and your ex-partner) personal service can be dispensed with.
In some circumstances, your lawyer may need to make interim applications on your behalf. for example, if you are unable to personally serve your ex-partner, we can help you with making an application to the Court to complete service by other means.
Once a divorce application is granted, the divorce will take effect after one month from the date of grant.
If you have any questions about a divorce, you can contact us for assistance.