Separation and Divorce

Separation and Divorce

Separation and Divorce

Before being able to file for divorce, you must meet a number of requirements:

You or your spouse must:

  • Regard Australia as your home and intend to live here indefinitely; or
  • Be an Australian Citizen by birth, descent or by a grant of Australian Citizenship; or
  • Ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.
  • Legal advice regarding your division of property
  • Court representation

Separated for 12 months
You must also satisfy the court that you have lived separately and apart for a period of 12 months and that there is no reasonable likelihood of resuming married life.
You can choose to file a sole application or a joint application.

No-Fault Divorce
In Australia, there is a principle non-fault divorce which means the court does not consider who was at fault in the marriage breakdown. As long as there has been an irretrievable breakdown of the relationship you can apply for a divorce.

Living under the same roof
You may have lived under the same roof during all or part of the separation period. You are still able to apply for Divorce. You will have to provide extra information/documentation to the court.
If you are making a sole application, you will have to provide a written statement. You will also need to file a written statement from an independent person for example a friend or neighbor.
If you are making a joint application, you and your partner will have to provide separate written statements to the court.

Court Attendance
If there are no children under the age of 18, there is no need to attend the court hearing.
If there are children under the age of 18 and you have made a sole application, you will have to attend the court hearing.

Contact us today should you require:

  • Legal advice and guidance during separation period
  • Preparing and Filing Divorce Application
  • Preparing and Filing Affidavits
  • Legal advice regarding children
  • Legal advice regarding your division of property
  • Court Representation

Contact Us

Get in touch with us

we provide out of hours appointments.

Address

Suite 212/5 Celebration Drive
Bella Vista NSW 2153

Phone

1300 579 085

Opening Hours

Mondays-Fridays 9am-5pm.

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Separation and Divorce