Before an application for divorce can be made by our divorce lawyers in Melbourne, the following needs to happen: Firstly a separation. A separation occurs when two people are no longer in a relationship. Often, this occurs when they cease living together, though people can remain separated and still live in the same house.
A divorce a legal dissolution of a marriage. Except in exceptional circumstances, you will need to demonstrate to the court that you have been separated for at least 12 months. This can include any time where you are separated but living in the same house. You also need to confirm that there is no likely hood of a reconciliation occurring.
The Family Law Act was introduced in 1976 and established a “no-fault divorce” system in Australia. This means that who is to blame is now irrelevant as long as you feel your marriage has broken down irretrievably and you have been separated for a year or more. If you have children under the age of 18, the Court will need to be satisfied that proper arrangements have been made for their welfare.
Application for Divorce
A Joint Application for Divorce can be made if both parties agree. However, you can still apply for a divorce on your own, but the Divorce Application must be served to the other party before the Divorce hearing. The Court will grant the Divorce, even if the other party objects, but you must have proof of that you have been separated (sometimes this is possible even if you live under the same roof) for at least a year.
Obtaining a Divorce does not provide you with a decision about financial or children issues. These are separate matters for which you will need to make a different Application to the Court. It is however important to remember that any Application relating to financial issues (such as property settlement) must be made either:
- One year after your Divorce is granted; or
- If you were in a de-facto relationship, two years following the cessation of the relationship.
If the above time frames lapse, you will need to make a special Application for the Court to hear your financial issues ‘out of time.’
Our Divorce Lawyers
Our experienced team of divorce solicitors can assist you in the Divorce process including formally informing your spouse about your intention to obtain a Divorce, and representing you at your Divorce Court Hearing.
We have handled a vast number of cases, each different in its own right and each helping build our team’s experience to help you in your divorce application and the many other issues that may arise. Contact us today to get the best advice from some of Melbourne’s best divorce lawyers.